Freeto v. Litton Loan Servicing LP et al

Filing 72

ORDER. IT IS HEREBY ORDERED that defendants' 67 motion to strike is DENIED as moot. Signed by Judge Larry R. Hicks on 12/15/2010. (Copies have been distributed pursuant to the NEF - KO)

Freeto v. Litton Loan Servicing LP et al

Doc. 72

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) ) )

RONALD E. FREETO, Plaintiff, v. LITTON LOAN SERVICING LP; et al., Defendants.

3:09-cv-00754-LRH-VPC ORDER

Before the court is defendants' motion to strike plaintiff Ronald E. Freeto's ("Freeto") reply to his renewed motion to remand. Doc. #67.1 I. Facts and Procedural History In April 2005, Freeto purchased real property through a mortgage and note originated by defendant Lime Financial Services. He eventually defaulted on his mortgage and defendants initiated foreclosure proceedings. Subsequently, on November 17, 2009, Freeto filed a complaint in state court against defendants. Doc. #1, Exhibit 1. Defendants removed the matter to federal court on federal question grounds. Doc. #1. Freeto filed an initial motion to remand (Doc. #12) which the court denied (Doc. #30).

Refers to the court's docket entry number.

Dockets.Justia.com

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Subsequently, Freeto filed a renewed motion to remand. Doc. #55. Defendants filed an opposition (Doc. #62) to which Freeto replied (Doc. #66). Thereafter, defendants filed the present motion to strike arguing that Freeto's reply was untimely. Doc. #67. The court has already denied Freeto's renewed motion for remand. See Doc. #68. Therefore, the court finds it unnecessary to strike Freeto's reply as untimely because the underlying motion has been resolved. Accordingly, the court shall deny defendants' motion to strike as moot. IT IS THEREFORE ORDERED that defendants' motion to strike (Doc. #67) is DENIED as

IT IS SO ORDERED. DATED this 15th day of December, 2010.

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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