Masero v. Mortgage Electronic Registration Systems et al

Filing 13

MEMORANDUM DECISION AND ORDER finding as moot 4 Motion to Remand; granting 8 Motion to Dismiss ; finding as moot 12 Motion to Withdraw Motion to Remand. Signed by Judge Ted Stewart on 12/2/2010. (las)

Masero v. Mortgage Electronic Registration Systems et al

Doc. 13

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION

JAMES D. MASERO, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

vs.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONSTRUST COMPANY, N.A.; JOHN DOES I-V; ABC CORPORATIONS 1-V; AND XYZ PARTNSERSHIPS I-V, Defendant(s).

Case No. 1:10-CV-132 TS

This matter is before the Court on Defendants' unopposed Motion to Dismiss. DUCivR 7-1(d) states: "Failure to respond timely to a motion may result in the court's granting the motion without further notice." Plaintiff has failed to timely respond to the Motion to Dismiss. Furthermore, this Court has repeatedly rejected the arguments raised in Plaintiff's Complaint and

1

Dockets.Justia.com

granted 12(b)(6) motions dismissing them.1 Consequently, the Court will grant the Motion. It is hereby ORDERED that Defendant's Motion to Dismiss (Docket No. 8) is GRANTED. It is further ORDERED that Plaintiff's Motion to Remand (Docket No. 4) and Plaintiff's Motion to Withdraw Motion to Remand (Docket No. 12) are DENIED as moot. The Clerk of the Court shall close this case. DATED December 2, 2010. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

Witt v. CIT Group/Consumer Finance Inc., 2010 WL 4609368 (slip copy) (D. Utah November 5, 2010); Foster v. BAC Home Loan Servicing, LP, 2010 WL 3791976 (D. Utah Sept. 22, 2010) (collecting cases). 2

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