Leoni v. Bank of America, N.A. et al

Filing 13

///ORDER granting 11 Motion for Judgment on the Pleadings. Clerk to enter judgment in favor of the defendants and close the case. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Douglas Leoni
v.

Civil No. 12-cv-04-JD

Mortgage Electronic Registration
Systems, Inc., et al.
O R D E R
Douglas Leoni brought suit in state court, alleging claims
against Mortgage Electronic Registration Systems, Inc. (MERS);
Bank of America Loans Servicing, LP; and Bank of America, NA that
arose from his attempts to have his mortgage loan modified and to
avoid foreclosure.

The defendants removed the case to this court

and moved for judgment on the pleadings.

Leoni failed to file a

response to the motion for judgment on the pleadings.
Under the local rules of this district, an objection to a
motion for judgment on the pleadings must be filed within
fourteen days from the date the motion was served.

LR 7.1(b).

“The court shall deem waived any objection not filed in
accordance with this rule.”

Id.

“[I]t is within the district

court’s discretion to dismiss an action based on a party’s
unexcused failure to respond to a dispositive motion when such
response is required by local rule, at least when the result does
not clearly offend equity.”

NEPSK, Inc. v. Town of Houlton, 283

F.3d 1, 6-7 (1st Cir. 2002); see also ITI Holdings, Inc. v. Odom,
468 F.3d 17, 18 (1st Cir. 2006).
Leoni is represented by counsel.

Cf. Asselin v, Purington,

2012 WL 3024132, at *3 (D. Me. June 5, 2012) (considering failure
to respond by pro se litigant).

The defendants provide reasoned

bases to support judgment on the pleadings as to each of Leoni’s
claims.

In the absence of a response from Leoni, the defendants’

reasoning is persuasive and supports dismissing the claims.

Conclusion
For the foregoing reasons, the defendants’ motion for
judgment on the pleadings (document no. 12) is granted.

As all

of the plaintiff’s claims are dismissed, the clerk of court shall
enter judgment in favor of the defendants and close the case.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
August 9, 2012
cc:

Cory R. Mattocks, Esquire
Christopher J. Somma, Esquire

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