Fazzolari v. Taylor Bean & Whitaker Mortgage Corporation et al

Filing 23

ORDER granting 18 Motion to Dismiss; granting 21 Motion for Summary Judgment; denying as moot 22 Motion to Extend. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JUSTINA FAZZOLARI,
Plaintiff,
Case No. 11-11732
v.
Hon. John Corbett O’Meara
TAYLOR BEAN & WHITAKER
MORTGAGE CORPORATION, et al.,
Defendants.
________________________________/

ORDER GRANTING DEFENDANTS’
MOTIONS TO DISMISS
Before the court are Defendants American Home Mortgage Servicing, Inc. and Mortgage
Electronic Registration Systems, Inc.’s motion to dismiss, filed December 19, 2011, and
Defendant First Securities Financial Services, Inc.’s motion for summary judgment, filed
January 3, 2012. Plaintiff has not filed a response to either motion.
Defendants contend that this action should be dismissed because Plaintiff has failed to
comply with Defendants’ discovery requests and Magistrate Judge Randon’s November 30, 2011
order compelling discovery. In that order, Magistrate Judge Randon stated that if “plaintiff fails
to timely respond to the outstanding discovery as ordered, then the undersigned will
recommend to District Judge John Corbett O’Meara that Plaintiff’s lawsuit be dismissed with
prejudice.” The court concludes that, given Plaintiff’s failure to comply with discovery requests
and the court’s order, as well as Plaintiff’s failure to respond to Defendants’ motions to dismiss,
dismissal is warranted.
Therefore, IT IS HEREBY ORDERED that Defendants’ motions to dismiss [docket no.

18] and Defendant’s motion for summary judgment [docket no. 21] are GRANTED. Plaintiff’s
complaint is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendants’ motion to extend the dispositive motion
deadline [docket no. 22] is DENIED AS MOOT.

s/John Corbett O’Meara
United States District Judge
Date: February 7, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, February 7, 2012, using the ECF system.

s/William Barkholz
Case Manager

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