Diffenbaugh v. National City Mortgage et al

Filing 10

ORDER Granting (Doc. 6 ) Defendants' Unopposed Motion to Dismiss Without Prejudice as to all parties. Signed by Judge Thomas J. Whelan on 7/2/2010. (cap)

-BLM Diffenbaugh v. National City Mortgage et al

Doc. 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 On May 3, 2010, Defendants PNC Bank and Lyman Swensen ("Defendants") 20 moved to dismiss Plaintiff Donald D. Diffenbaugh's ("Plaintiff") complaint pursuant to 21 Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 6.) 22 On June 11, 2010, Plaintiff filed a "statement of non-opposition" to Defendants' 23 motion. Specifically, Plaintiff requests that the Court dismiss this entire action, against 24 all defendants, without prejudice. (Doc. No. 8:7­9.) 25 Defendants motion was set to be heard June 28, 2010. As such, any Reply 26 memorandum to Plaintiff's non-opposition was due June 21, 2010. See S.D. Cal. Civ. 27 R. 7.1(e.3) To date, Defendants have not filed a Reply. 28
-110 cv 54W

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DONALD D. DIFFENBAUGH, vs. Plaintiff, CASE NO. 10-CV-54 W (BLM) ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DISMISS (Doc. No. 6.)

NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL BANK, et al., Defendants.

Dockets.Justia.com

1

Having read and considered the moving papers, the Court GRANTS Defendants'

2 unopposed motion. (Doc. No. 6.) Moreover, in accordance with Plaintiff's request, this 3 entire lawsuit is hereby DISMISSED against all parties WITHOUT PREJUDICE. 4 5 6 7 DATED: July 2, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-210 cv 54W

IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge