Nguyen v. Washington Mutual Bank N.A. et al

Filing 61

ORDER Denying 55 Motion for Reconsideration. Signed by Judge Larry R. Hicks on 10/18/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HANH NGUYEN,

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Plaintiff,

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v.

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WASHINGTON MUTUAL BANK, N.A.;
et al.,

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Defendants.
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2:11-cv-1799-LRH-NJK
ORDER

Before the court is plaintiff Hanh Nguyen’s (“Nguyen”) motion to reconsider the court’s

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orders of dismissal and judgment (Doc. ##51, 521). Doc. #55. Defendants filed an opposition to the

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motion (Doc. #56) to which Nguyen replied (Doc. #60).

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I.

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Facts and Procedural History
In September 2007, Nguyen purchased real property through a mortgage note and deed of

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trust. Eventually, Nguyen defaulted on the mortgage note and defendants initiated non-judicial

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foreclosure proceedings.

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Nguyen filed a complaint against defendants in state court. Doc. #1, Exhibit A. Defendants

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removed the action to federal court on the basis of diversity jurisdiction. Doc. #1. Subsequently, the

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defendants filed a motion to dismiss (Doc. #43) which was granted by the court (Doc. #41).

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Refers to the court’s docket entry number.

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Thereafter, Nguyen filed the present motion to reconsider. Doc. #55.

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II.

Discussion

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In her motion, Nguyen contends that this court was without jurisdiction to hear this action,

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and therefore, all of the court’s orders were in error. The court disagrees. As addressed at length in

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the court’s order denying her motion to remand (Doc. #7), the exercise of diversity jurisdiction is

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appropriate in this matter because there is complete diversity between the parties. See Doc. #15.

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Thus, it was not error for the court to exercise jurisdiction in this action and enter its prior orders.

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Accordingly, the court shall deny her objections and motion for reconsideration.

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IT IS THEREFORE ORDERED that plaintiff’s motion for reconsideration (Doc. 55) is
DENIED.

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IT IS SO ORDERED.

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DATED this 18th day of October, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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