Torred v. WMC Mortgage Corp. et al

Filing 25

ORDER Granting 22 Motion to Dismiss. Bank of New York is terminated. Clerk shall enter judgment in favor of Bank of New York and against Plaintiffs Edgar and Merilou Torred. Signed by Judge Lloyd D. George on 10/20/10. (Copies have been distributed pursuant to the NEF - ASB)

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Torred v. WMC Mortgage Corp. et al Doc. 25 1 2 3 4 5 6 7 8 9 400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: (702) 634-5000 FAX: (702) 380-8572 ARIEL E. STERN Nevada Bar No. 8276 AKERMAN SENTERFITT LLP 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 ariel.stern@akerman.com Attorneys for Defendant The Bank of New York UNITED STATES DISTRICT COURT DISTRICT OF NEVADA EDGAR M. TORRED, an individual, and MERILOU I. TORRED, an individual, Plaintiffs, ORDER ON MOTION TO DISMISS vs. WMC MORTGAGE CORP., a California corporation; THE BANK OF NEW YORK, a New York corporation; LITTON LOAN SERVICING LIMITED PARTNERSHIP, a Delaware limited partnership; QUALITY LOAN SERVICING CORPORATION, a California corporation; SAFEGUARD PROPERTIES, LLC, a Delaware limited liability company; DOES 1 V, inclusive; and ROE ENTITIES VI X, inclusive, Defendants. Presently before the Court is the motion to dismiss [Dkt. No. 22] filed by the Bank of New York ("BONY") on September 24, 2010. The motion seeks dismissal of all claims against BONY pursuant to Fed. R. Civ. P. 12(b)(6). The motion incorporates by reference Litton Loan Servicing, LP's motion to dismiss [Dkt. No. 7] and reply memorandum in support thereof [Dkt. No. 15]. This Court has already granted Litton's motion to dismiss. See Order, Dkt. No. 17. Under this Court's rules, any response to BONY's motion was to be filed and served within {LV011213;1} AKERMAN SENTERFITT LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CASE NO.: 2:08-CV-01830-LDG-LRL Dockets.Justia.com 1 2 3 4 5 6 7 8 9 400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: (702) 634-5000 FAX: (702) 380-8572 15 days. See LR 7-2(b). The response deadline was October 12, 2010. Plaintiffs failed to file a response to BONY's motion. Their failure to file a timely response constitutes consent to the granting of the motion. See LR 7-2(d). The Court, having considered the moving papers, its own files, and good cause appearing, orders as follows: BONY's motion to dismiss is GRANTED. All claims brought by Edgar Torred and Merilou Torred against BONY are DISMISSED. The clerk shall enter a judgment in favor of BONY and against Edgar and Merilou Torred. DATED this _____ day of October , 2010. AKERMAN SENTERFITT LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 {LV011213;1} _________________________________________ United States District Judge 2

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