Spano v. MortgageIT, Inc. et al

Filing 13

ORDER signed by Judge John A. Mendez on 11/17/10 ORDERING that Defendant MortgageIT, Inc's Motion to Dismiss 7 is GRANTED WITH PREJUDICE and Plaintiff's MOTION to Remand to State Court and for Attorney Fees 9 is DENIED because it is now MOOT. IT IS FURTHER ORDERED that within ten (10) days of this order, Paul R. Bartlseon shall either (1) pay sanctions of $250.00 to the Clerk of Court, or (2) submit a statement of good cause explaining his failure to comply with Local Rules 230 (c).(Mena-Sanchez, L)

Spano v. MortgageIT, Inc. et al

Doc. 13

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARK V. SPANO,

) ) Plaintiff, ) ) v. ) ) MORTGAGEIT, INC.; U.S. BANK ) NATIONAL ASSOCIATION, AS ) TRUSTREE FOR CSMC MORTGAGE) BACKED PASS-THROUGH CERTIFICATES ) SERIES 2006-2; WELLS FARGO BANK, ) N.A.; NDEX WEST, LLC; JEVON ) FELIX HINK; DAVID MEREDITH WILLIAMS; VERFEO FUNDING, INC.; and DOES 1 through 20, inclusive, Defendants.

Case No. 2:10-CV-02550 JAM-EFB

ORDER GRANTING MORTGAGEIT'S MOTION TO DISMISS

This matter comes before the Court on Defendant MortgageIt, Inc.'s ("MortgageIt") Motion to Dismiss (Doc. 7) Plaintiff Mark Spano ("Plaintiff") Complaint (Doc. 6), pursuant to Federal Rules of Civil Procedure 12(b)(6). to Dismiss.1 Plaintiff did not oppose the Motion

After time to reply to the Motion to Dismiss lapsed,

This motion was determined to be suitable for decision without oral argument. E. D. Cal. L. R. 230(g). The hearing was scheduled for November 3, 2010. 1
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Plaintiff filed a Motion to Remand to State Court And For Attorney Fees (Doc. 10). Plaintiff did not file an opposition or statement of nonopposition requires a to Defendants' Motion to to a Dismiss. motion Local file Rule 230(c) an

party

responding

to

either

opposition to the motion or a statement of non-opposition, no less than fourteen (14) days preceding the noticed hearing date. Local Rule 110 authorizes the Court to impose sanctions for "failure of counsel or of a party to comply with these Rules." Therefore, the

Court will sanction Plaintiffs' counsel, Paul R. Bartlseon, $250.00 unless he shows good cause for his failure to comply with the Local Rules. ORDER After carefully considering the papers submitted in this

matter, it is hereby ordered that Defendant's Motion to Dismiss is GRANTED WITH PREJUDICE and Plaintiff's Motion to Remand to State Court And For Attorney Fees is DENIED because it is now moot. It

is further ordered that within ten (10) days of this Order, Paul R. Bartlseon shall either (1) pay sanctions of $250.00 to the Clerk of the Court, or (2) submit a statement of good cause explaining his failure to comply with Local Rule 230(c).

IT IS SO ORDERED. Dated: November 17, 2010 ____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE

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