Sotelo v. Federal National Mortgage Association et al

Filing 15

ORDERED that Ds' # 8 Motion to Dismiss is GRANTED and that the complaint is hereby dismissed with prejudice. Signed by Chief Judge Robert C. Jones on 8/23/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE F. SOTELO,

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Plaintiff,
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v.
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FEDERAL NATIONAL MORTGAGE
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ASSOCIATION, et al.,
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Defendants.
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___________________________________ )

3:12-cv-31-RCJ-VPC
ORDER

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On January 17, 2012, Plaintiff Jose Sotelo filed a complaint in this Court against

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Federal National Mortgage Association (aka Fannie Mae), Bank of America, and ReconTrust

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Company (collectively “Defendants”). (Compl. (#1) at 1). The complaint contains six causes

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of action related to the foreclosure of Plaintiff’s home. (Id. at 41-55).

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Defendants filed a Motion to Dismiss (#8) pursuant to Fed. R. Civ. P. 12(b)(6) on March

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1, 2012. (Mot. to Dismiss (#8)). Plaintiff failed to respond to Defendants’ Motion to Dismiss.

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Under Nevada Local Rule 7-2(d), “[t]he failure of an opposing party to file points and

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authorities in response to any motion shall constitute a consent to the granting of the motion.”

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The “[f]ailure to follow a district court’s local rules is a proper ground for dismissal.” Ghazali

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v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

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Plaintiff here failed to file a response to Defendants’ Motion to Dismiss. Under Nevada

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Local Rule 7-2(d), Plaintiff is therefore deemed to consent to the granting of the Motion to

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Dismiss. Accordingly, the Court dismisses the complaint against all Defendants with prejudice.

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For the foregoing reasons, IT IS ORDERED that Defendants’ Motion to Dismiss (#8)
is GRANTED and that the complaint is hereby dismissed with prejudice.

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DATED: This 23rd day of August, 2012.
DATED: This _____ day of April, 2012.

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_________________________________
United States District Judge

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