Baugher v. Bank of America

Filing 45

ORDER granting 43 Motion to Dismiss 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,
Plaintiff,

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NO: CV-13-5087-RMP

v.
BANK OF AMERICA,
Defendant.

ORDER GRANTING MOTION TO
DISMISS

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Plaintiff moves to dismiss her case against Defendant Bank of America.

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ECF No. 43. Defendant stipulates to Plaintiff’s motion and requests the Court to

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expedite its consideration of the motion. ECF No. 44. The Court has considered

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the filings and is fully informed.

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Plaintiff explains in her motion that she unintentionally sued the wrong

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defendant. ECF No. 43 at 2. After further investigation, Plaintiff learned that

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Defendant Bank of America does not have authority to settle or resolve this matter.

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ECF No. 43 at 2. Defendant stipulates to Plaintiff’s motion to dismiss her case and

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requests the Court to consider the motion on an expedited basis because of

ORDER GRANTING MOTION TO DISMISS ~ 1

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upcoming filing deadlines for other motions. ECF No. 44 at 2. Plaintiff also

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expresses a desire to “conference with the court.” However, with no motion

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pending before the Court once the motion to dismiss is resolved, the Court deems it

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inappropriate to schedule a conference with the parties.

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In light of the parties’ stipulation to the underlying motion, the Court finds
that it is appropriate to resolve the matter on an expedited basis.

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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion to Dismiss, ECF No. 43, is GRANTED.

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2. Plaintiff’s case is dismissed without prejudice.

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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

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this Order, to provide copies to pro se Plaintiff and counsel, and to close this case.

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DATED this 14th day of May 2014.

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

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ORDER GRANTING MOTION TO DISMISS ~ 2