Bird v. Recontrust Company, N.A. et al

Filing 61

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 10/14/2011. By Deputy Clerk: Colleen Larsen. IT IS ORDERED that Plaintiff's 22 motion for summary judgment is DENIED. FURTHER ORDERED, Defendants' 28 motion for strike is DENIED as moot. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA CHRISTOPHER L. BIRD, ) ) Plaintiff, ) ) vs. ) ) RECONTRUST COMPANY, N.A.; BAC HOME ) SERVICING, LP, a subsidiary of ) BANK OF AMERICA, N.A., f/k/a ) COUNTRYWIDE HOME LOANS SERVICING ) LP; MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC.; JOHN ) DOES 1 through 10; and DOE ) CORPORATIONS 1 through 10, ) ) Defendants. ) ) PRESENT: Deputy Clerk: 3:10-CV-00649-ECR-VPC MINUTES OF THE COURT DATE: October 14, 2011 EDWARD C. REED, JR. COLLEEN LARSEN U. S. DISTRICT JUDGE Reporter: NONE APPEARING Counsel for Plaintiff(s) NONE APPEARING Counsel for Defendant(s) NONE APPEARING MINUTE ORDER IN CHAMBERS This case arises out of a foreclosure of Plaintiff’s residence. Now pending before the Court are Plaintiff’s motion (#22) for summary judgment and Defendants’ motion (#28) to strike Plaintiff’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(f). Summary judgment is appropriate where no genuine issue of material fact remains in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In this case, Plaintiff seeks summary judgment on a claim for wrongful foreclosure. However, Plaintiff admits that the operative complaint contains no such claim. (Pl.’s Resp. Def.’s Mot. Strike at 2 (#36).) Plaintiff is not entitled to judgment as a matter of law on a claim that Plaintiff has failed to plead. IT IS, THEREFORE, ORDERED that Plaintiff’s motion (#22) for summary judgment is DENIED. IT IS FURTHER ORDERED that Defendants’ motion (#28) to strike is DENIED as moot. LANCE S. WILSON, CLERK By 2 /s/ Deputy Clerk

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