Pagulayan et al v. Allied Home Mortgage Capital Corporation et al

Filing 12

ORDER granting Defendants' 5 Motion to Dismiss. U.S. Bank, N.A., Bank of America and Recontrust Company, N.A. terminated. Signed by Judge Kent J. Dawson on 11/22/10. (Copies have been distributed pursuant to the NEF - ECS)

Pagulayan et al v. Allied Home Mortgage Capital Corporation et al

Doc. 12

1 2 3 4 5 6 7 8 Defendants. 9 10 v.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
ORLANDO FELIX PAGULAYAN, et al., Plaintiffs, Case No. 2:10-CV-01849-KJD-LRL ORDER

ALLIED HOME MORTGAGE CAPITAL CORPORATION, et al.,

Currently before the Court is Defendants Bank of America, Recontrust Company, N.A., and 11 U.S. Bank, N.A.'s Motion to Dismiss (#5), filed October 28, 2010. To date, Plaintiffs have failed to 12 file points and authorities in opposition to Defendants' Motion as allowed by Local Rule 7-2. Local 13 Rule 7-2(d) allows the Court to consider failure to file points and authorities in opposition as consent 14 to the granting of the motion. 15 Additionally, the Court has reviewed Defendants' Motion, and finds it to have merit. 16 Defendants seek that the Court dismiss Plaintiffs' claims pursuant to fed. R. Civ. P. 12(b)(6) for 17 failure to state a claim upon which relief can be granted. Specifically, Defendants aver that 18 Recontrust had the proper authority to record the Notice of Default, that Defendants satisfied N.R.S. 19 §§ 107.087 and 107.085, and that Plaintiffs' argument regarding the power of sale is unsupported. 20 Accordingly, IT IS HEREBY ORDERED that Defendants Bank of America, Recontrust 21 Company, N.A., U.S. Bank, N.A.'s Motion to Dismiss (#5) is GRANTED pursuant to LR 7-2(d). 22 DATED this 22nd day of November 2010. 23 24 25 26 _______________________________ Kent J. Dawson United States District Judge

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