Levie v. Washington Mutual Bank et al

Filing 19

ORDER Granting 7 Motion to Dismiss. FURTHER ORDERED that 15 Petition for Abatement is DENIED. The Clerk is directed to close this case. Signed by Judge Miranda M. Du on 8/21/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DANIEL LEVIE,

Case No. 2:12-cv-00858-MMD-PAL
Plaintiff,

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ORDER
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v.
WASHINGTON MUTUAL BANK,
MORTGAGE ELECTRONIC
REGISTRATIONS SYSTEMS (“MERS”);
JPMORGAN CHASE; NEVADA TITLE; et
al.,
Defendants.

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Before the court are Defendant JPMorgan Chase Bank’s motion to dismiss

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(“Motion”) (dkt. no. 7), which Nevada Title Company joins (dkt. no. 13), and Plaintiff’s

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Petition for Abatement (dkt. no. 15).

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Plaintiff has failed to file a response to Defendant’s Motion. Failure to file points

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and authorities in opposition to a motion constitutes consent that the motion be granted.

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L.R. 7-2(d); see Abbott v. United Venture Capital, Inc., 718 F. Supp. 828, 831 (D. Nev.

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1989). Moreover, the Court has reviewed Defendant’s Motion and found the claims

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asserted in the complaint lack merits. On these grounds, the Court grants Defendant’s

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Motion.

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Plaintiff filed a document entitled “Petition for Abatement.” The purpose of the
Plaintiff noted “Order

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Petition and the relief requested are not clear to the Court.

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Dismissing Case” immediately below the title of the document. To the extent Plaintiff

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meant for the Petition to serve as a response to Defendant’s Motion, the Petition does

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not offer any substantive response and based on the notation relating to dismissal,

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Plaintiff appears to concede to dismissal. Plaintiff’s Petition is therefore denied.

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IT IS THEREFORE ORDERED that JP Morgan Chase Bank’s motion to dismiss
is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff’s Petition for Abatement is DENIED.

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The Clerk is directed to close this case.

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DATED THIS 21st day of August 2012.

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UNITED STATES DISTRICT JUDGE
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