Schlepp v. JPMorgan Chase Bank NA et al

Filing 16

ORDER granting defendant's 12 Motion to Dismiss for Failure to State a Claim; Quality Loan Service Corp Washington dismissed signed by Judge Ricardo S Martinez.(RS) cc plaintiff

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 9 10 11 12 13 14 WESLEY SCHLEPP, an individual: Plaintiff, vs. JPMORGAN CHASE BANK N.A. SUCCESSOR TO WASHINGTON MUTUAL BANK; DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR SECURITIZED TRUST WAMU MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2006-AR; QUALITY LOAN SERVICE CORP. WASHINGTON; and DOES 1-10, Inclusive 15 Case No. C17-0152RSM ORDER GRANTING QUALITY LOAN SERVICE CORPORATION OF WASHINGTON’S MOTION TO DISMISS Defendants. 16 17 18 19 20 21 THIS MATTER comes before the Court on Defendant Quality Loan Service Corporation of Washington’s Motion to Dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. #12. Plaintiff has failed to respond to the motion. Pursuant to Local Civil Rule 7(b)(2), “[e]xcept for motions for summary judgment, if a party fails to file papers in opposition to a 22 motion, such failure may be considered by the court as an admission that the motion has merit.” The 23 Court deems Plaintiff’s failure to be such an admission in this case. 24 Having reviewed Defendant’s motion, the records submitted in support thereof, and the 25 remainder of the record, the Court hereby ORDERS that Defendant Quality Loan Service 26 Corporation of Washington’s Motion to Dismiss the Complaint (Dkt. #12) is GRANTED for the 27 28 ORDER - 1 1 reasons set forth in its motion. See Dkt. #12 at 3-9. All claims against Quality Loan Service 2 Corporation of Washington are DISMISSED, and Quality Loan Service Corporation of 3 Washington is terminated as a Defendant to this action. 4 DATED this 7 day of June, 2017. 5 6 A 7 8 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER - 2

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