Fowlke v. BAC Home Loans Servicing

Filing 9

MEMORANDUM DECISION AND ORDER granting 4 Motion to Dismiss ; granting 7 Motion to Release Lis Pendens. Signed by Judge Ted Stewart on 4/11/2011. (las)

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

ERNIE J. FOWLKE,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS AND
MOTION FOR RELEASE OF LIS
PENDENS

vs.

BAC HOME LOANS SERVICING, LP;
DOES 1-5;

Case No. 2:10-CV-980 TS

Defendants.

This matter is before the Court on Defendant’s unopposed Motion to Dismiss, filed with
this Court on October 13, 20101 and Defendant’s Motion to Release Lis Pendens.2 DUCivR 71(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

Docket No. 4.

2

Docket No. 7.
1

granted 12(b)(6) motions dismissing them.3 Consequently, the Court will grant the Motion. It is
therefore
ORDERED that Defendant’s Motion to Dismiss (Docket No. 4) is GRANTED. Because
Plaintiff’s claims are now dismissed, it is further
ORDERED that Defendant’s Motion to Release Lis Pendens (Docket No. 7) is
GRANTED and the Lis Pendens recorded in the Office of the Washington County Recorder on
September 16, 2010, Document No. 20100031240, pertaining to the property located in
Washington County, State of Utah known as 178 East Skyview Lane, Washington, Utah and
more particularly described as:
ALL OF LOT THIRTY-TWO (32), SKYVIEW ESTATES, ACCORDING TO
THE OFFICIAL PLAT THEREOF, ON FILE IN THE OFFICE OF THE
RECORDER OF WASHINGTON COUNTY.
Parcel # W-SKVE-32
IS HEREBY RELEASED in its entirety.
DATED April 11, 2011.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

3

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