Philip v. BAC Home Loans Servicing, LP et al

Filing 17

ORDER granting Defendants' 4 Motion to Dismiss. Signed by Judge Philip M. Pro on 11/22/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID A. PHILIP,

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Plaintiff,

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vs.

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BAC HOME LOANS SERVICING, LP, et al.,

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Defendants.
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2:11-CV-01431-PMP-CWH
ORDER

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On August 11, 2011, Plaintiff commenced this action in Nevada State Court

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challenging Defendants’ foreclosure on a Deed of Trust for the Property located at 933

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Medina De Leon Ave., and alleging four claims for relief, to wit: (1) Wrongful Foreclosure;

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(2) Slander of Title; (3) Civil Conspiracy; and (4) Quiet Title. Defendant removed the

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action to this Court on September 6, 2011, and on September 13, 2011, filed a Motion to

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Dismiss Plaintiff’s Complaint (Doc. #4) which is now fully briefed and which was the

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subject of a hearing conducted November 16, 2011. The Court finds that for the reasons

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advanced in Defendants’ Motion to Dismiss (Doc. #4), Plaintiff has failed to state a

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plausible claim for relief. Therefore, Defendants are entitled to the relief requested.

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IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss

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Plaintiff’s Complaint (Doc. #4) is GRANTED.

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DATED: November 21, 2011.

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PHILIP M. PRO
United States District Judge