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)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RENO, NEVADA
CHRISTOPHER L. BIRD,

)
)
Plaintiff,
)
)
vs.
)
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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