Jones v. Wells Fargo Bank, N.A. et al

Filing 18

ORDER DISMISSING CASE Signed by District Judge Lawrence P. Zatkoff. (MVer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION S. BAXTER JONES, Plaintiff, CASE NO. 11-15696 HON. LAWRENCE P. ZATKOFF vs. WELLS FARGO BANK N.A., IRWIN MORTGAGE CO., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., EVERHARD MORTGAGE CO., FEDERAL NATIONAL MORGTGAGE ASSOC., Defendants. / ORDER DISMISSING PLAINTIFF’S COMPLAINT On December 29, 2011, Plaintiff filed his complaint against Defendants, claiming the following: (a) [Defendants deceptively mislead] Plaintiff into believing that he would be able to short sale his property; (b) Defendants fail[ed] to assess Plaintiff for a loan modification pursuant to HAMP; (c) Defendants’ lack of standing; (d) Promissory Estoppel; (e) wrongful foreclosure; (f) Fraud in Inducement and (g) Defendants’ continuing tortuous conduct intended to deprive Plaintiff of his rights and remedies[.] On March 13, 2012, Defendants filed a Motion to Dismiss under Fed. R. Civ. P. 12(b)(6). Twentyone days after Defendants’ filed their Motion, Plaintiff had still not responded. See E.D. Mich. L.R.7.1(e)(1)(B). When a party has taken no action for a reasonable time, the Court may enter an order dismissing the case unless good cause is shown. E.D. Mich. L.R. 41.2. Accordingly, on June 14, 2012, the Court Ordered Plaintiff to show cause why this case should not be dismissed for failure to prosecute. Plaintiff was also ordered to file a response no later than 5:00 p.m. on June 27, 2012. The Court warned Plaintiff that failure to respond may result in the dismissal of this case. As of the date of this Order, Plaintiff has failed to either file a response to Defendants’ Motion to Dismiss , or to respond to the Court’s Order to Show Cause. Thus, the Court finds that Plaintiff is in direct violation of the Court’s Order and appears to no longer be prosecuting this case. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Complaint is dismissed and this case is closed. IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: July 13, 2012 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on July 13, 2012. S/Marie E. Verlinde Case Manager (810) 984-3290 2

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