Narog et al v. Federal National Mortgage Association et al
Filing
17
ORDER, Set/Reset Deadlines as to 12 MOTION to Dismiss and MOTION to Strike, 8 MOTION to Dismiss for Failure to State a Claim .(Plaintiff's Responses due by 12/12/2011.). Signed by Magistrate Judge David Keesler on 12/1/11. (Pro se litigant Kim Narog served by US Mail, certified 7003 1010 0003 5291 2938.)(gpb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-429-RJC-DCK
KIM NAROG and JOHN DOE,
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Plaintiffs,
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v.
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FEDERAL NATIONAL MORTGAGE )
ASSOCIATION, BANK OF AMERICA )
HOME LOAN SERVICING LP,
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LASALLE BANK NATIONAL
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ASSOCIATION, CHICAGO TITLE
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INSURANCE COMPANY, DAVID T.
)
SIMPSON TRUSTEE, MIDLAND
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LOAN SERVICE INC.
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Defendants.
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____________________________________)
ORDER
THIS MATTER IS BEFORE THE COURT sua sponte regarding the filing of Defendants
Bank of America, N.A., BAC Home Loans Servicing, LP, and LaSalle Bank N.A.’s “Motion To
Strike And Motion To Dismiss” (Document No. 12) on November 2, 2011.
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
Plaintiff, who is proceeding pro se, that she has a right to respond to Defendants’ motion. The Court
also advises Plaintiff that failure to respond may result in Defendants being granted the relief they
seek, that is, the dismissal of the Complaint.
The undersigned further notes that the Court has already issued one “Roseboro Notice” to
Plaintiff regarding Defendant Chicago Title Insurance Company’s “Rule 12(b)(6) Motion To
Dismiss” (Document No. 8). Plaintiff has failed to file a response to that motion and the time to do
so has lapsed.
IT IS, THEREFORE, ORDERED that Plaintiff shall file responses to Defendants’ pending
“Motion To Strike And Motion To Dismiss” (Document No. 12) and “Rule 12(b)(6) Motion To
Dismiss” (Document No. 8) on or before December 12, 2011. Failure to file timely and persuasive
responses will likely lead the pending motions being granted, and may lead the complete dismissal
of this lawsuit.
The Clerk of Court is directed to send a copy of this Order to the pro se Plaintiff by certified
U.S. mail.
Signed: December 1, 2011
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