Cabiles v. Washington Mutual Bank et al

Filing 9

ORDER granting JP Morgan Chase Bank's 6 Motion to Dismiss by Judge Robert S. Lasnik.(RS) cc P Cabiles

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ORDER (C09-1114 RSL) -- 1

The Honorable Robert S. Lasnik

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE PEARL ANN CABILES, Plaintiff, v. WASHINGTON MUTUAL BANK; and DOES 1-50, Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C09-1114 RSL ORDER GRANTING JPMORGAN CHASE BANK, N.A.'s MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6)

This matter came before the Court on a Motion to Dismiss Pursuant to FRCP 12(b)(6), submitted by JPMorgan Chase Bank, N.A. ("Chase"), as acquirer of certain assets and liabilities of Washington Mutual Bank ("WaMu") from the Federal Deposit Insurance Corporation acting as receiver. Plaintiff has not filed a response. Pursuant to Local Rule 7(b)(2), "[i]f a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has merit." Plaintiff's complaint has failed to allege any specific facts supporting her legal claims. For this reason and the reasons set forth in defendant's motion, defendant's motion to dismiss (Dkt. #6) is GRANTED. Accordingly, all claims against WaMu and Chase are hereby dismissed with prejudice.

Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101-3045 Fax: [phone]

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DATED this 2nd day of October, 2009.

A Robert S. Lasnik
United States District Judge

Presented by: Davis Wright Tremaine, LLP Attorneys for JPMorgan Chase Bank, N.A., as acquirer of certain assets and liabilities of WaMu from the FDIC, acting as receiver s/Matthew Sullivan Fred B. Burnside, WSBA #32491 Matthew Sullivan, WSBA #40873 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: [phone] Fax: [phone] e-mail: [e-mail] e-mail: [e-mail]

ORDER (C09-1114 RSL) -- 2

Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101-3045 Fax: [phone]