Kjelland v. CitiMortgage Inc

Filing 36

ORDER Granting Defendant's 21 Motion to Dismiss by Judge Robert S. Lasnik. (CL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TOBIN E. KJELLAND,

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Plaintiff,

Case No. C11-0640RSL
ORDER GRANTING MOTION TO
DISMISS

v.
CITIMORTGAGE, INC.,
Defendant.

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This matter comes before the Court on “Defendant Citimortgage, Inc.’s Motion to

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Dismiss.” Dkt. # 21. The motion was originally filed on February 22, 2012, but was continued

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by agreement of the parties to allow plaintiff an opportunity to apply for a loan modification. On

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August 3, 2012, the motion was renoted for consideration on August 31, 2012. Although the

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parties subsequently stipulated to an extension of the trial and related dates, they specifically

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excluded from the extension the pending motion to dismiss. See Dkt. # 34 at 2. Thus, the

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motion is now ripe for consideration.

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Plaintiff has not opposed defendant’s motion to dismiss, and the Court considers

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such a failure to be “an admission that the motion has merit.” Local Civil Rule 7(b)(2).

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Defendant’s motion is therefore GRANTED, and plaintiff’s claims are hereby DISMISSED.

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The Clerk of Court is directed to enter judgment in favor of defendant and against plaintiff.

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ORDER GRANTING MOTION TO DISMISS - 1

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Dated this 14th day of September, 2012.

A

Robert S. Lasnik
United States District Judge

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ORDER GRANTING MOTION TO DISMISS - 2