Tostado v. Venture Trust 2013-I-H-R by MCM Capital Partners LLC et al

Filing 9

ORDER by Judge Robert S. Lasnik granting defendant Bank of America's 6 Motion to Dismiss. Plaintiff's claims against Bank of America are DISMISSED. (PM) cc: plaintiff via the USPS

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARIO A. TOSTADO,

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Case No. C17-0353RSL

Plaintiff,

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ORDER GRANTING BANK OF
AMERICA’S MOTION TO DISMISS

v.
VENTURE TRUST 2013-I-H-R by MCM
CAPITAL PARTNERS, LLC, et al.,
Defendants.

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This matter comes before the Court on defendant Bank of America’s “Motion to

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Dismiss.” Dkt. # 6. Defendant argues that the allegations of the complaint are insufficient to

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support the breach of contract and Washington Consumer Protection Act claims asserted against

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it. The motion is now ripe for consideration.

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Plaintiff has not filed a response memorandum or otherwise opposed dismissal of his

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claims against Bank of America. The Court considers such a failure to be “an admission that the

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motion has merit.” LCR 7(b)(2). Defendant’s motion is therefore GRANTED. Plaintiff’s claims

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against Bank of America are hereby DISMISSED.

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DATED this 11th day of May, 2017.

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A

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Robert S. Lasnik
United States District Judge
ORDER GRANTING BANK OF AMERICA’S
MOTION TO DISMISS - 1