Baugher v. Bank of America

Filing 15

ORDER DENYING PLAINTIFF'S REQUEST FOR CLARIFICATION denying 12 Motion to Clarify; withdraw 13 Motion to Dismiss; granting 14 Motion to Withdraw Signed by Chief Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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PAMELA A. BAUGHER,
NO: 4:13-CV-5087-RMP
Plaintiff,

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ORDER DENYING PLAINTIFF’S
REQUEST FOR CLARIFICATION

v.
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BANK OF AMERICA,
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Defendant.
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Before the Court are Plaintiff’s Request for Clarification, ECF No. 12,

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Plaintiff’s Motion to Dismiss, ECF No. 13, and Plaintiff’s Motion to Withdraw the

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Motion to Dismiss, ECF No. 14. The Court has considered all of the relevant

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filings and is fully informed.

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Plaintiff asks the Court to clarify a letter that Plaintiff received from

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Defendant, informing her that her mortgage loan had been transferred to another

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loan servicer. ECF No. 12 at 2-3. The Court must liberally construe motions filed

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by litigants who are not represented by attorneys, Bernhardt v. Los Angeles

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County, 339 F.3d 920, 925 (9th Cir. 2003), but interpreting a letter that Plaintiff

ORDER DENYING PLAINTIFF’S REQUEST FOR CLARIFICATION ~ 1

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received from Defendant is well outside of the proper scope of the Court’s role.

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Plaintiff seeks legal advice that is usually obtained from an attorney.

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Plaintiff moved to dismiss the case because she believed that the matter had

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been resolved, ECF No. 13, but she now moves to withdraw the motion to dismiss

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because the parties have not actually come to an agreement, ECF No. 14.

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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s Request for Clarification, ECF No. 12, is DENIED.

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2. Plaintiff’s Motion to Dismiss, ECF No. 13, is WITHDRAWN.

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3. Plaintiff’s Motion to Withdraw the Motion to Dismiss, ECF No. 14, is

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GRANTED.
IT IS SO ORDERED. The District Court Clerk is hereby directed to enter
this Order and to provide copies to Plaintiff and counsel.
DATED this 7th day of January 2014.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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ORDER DENYING PLAINTIFF’S REQUEST FOR CLARIFICATION ~ 2