Libres v. Bank Of America et al
Filing
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ORDER Granting 13 Motion to Dismiss as to Defendants Bank of America, Countrywide Home Loans, Inc., and Mortgage Electronic Registration Systems, Inc. Signed by Judge James C. Mahan on 6/14/11. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EDUARDO D. LIBRES, an individual,
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2:11-CV-115 JCM (LRL)
Plaintiff,
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v.
BANK OF AMERICA et al.,
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Defendants.
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ORDER
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Presently before the court is defendants BAC Home Loans Servicing, LP’s (erroneously
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named in the complaint as Bank of America), Countrywide Home Loans, Inc.’s, Mortgage Electronic
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Registration Systems’ motion to dismiss plaintiff’s complaint. (Doc. #13). To date, the plaintiff has
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not responded.
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Pursuant to Local Rule 7-2(b), an opposing party’s failure to file a timely response to any
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motion constitutes the party’s consent to the granting of the motion and is proper grounds for
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dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). However, prior to dismissal, the
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district court is required to weigh several factors: “(1) the public’s interest in expeditious resolution
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of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants;
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(4) the public policy favoring disposition of cases of their merits; and (5) the availability of less
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drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
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...
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James C. Mahan
U.S. District Judge
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In light of the plaintiff’s failure to respond and weighing the factors identified in Ghazali,
the court finds dismissal appropriate.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion to
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dismiss (doc. #13) is GRANTED. The case is hereby dismissed as to defendants BAC Home Loans
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Servicing, LP (erroneously named in the complaint as Bank of America), Countrywide Home Loans,
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Inc., and Mortgage Electronic Registration Systems, Inc.
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DATED June 14, 2011.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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