Firth v. Quality Loan Service Corp. of Washington et al

Filing 16

ORDER finding as moot 8 Motion to Dismiss for Failure to State a Claim; finding as moot 14 Motion for Summary Judgment; Plaintiff has not complied with the Court's Order 10 and this matter is DISMISSED Without Prejudice; signed by Judge Ronald B. Leighton.(DN) Modified on 4/28/2015 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PATTY M FIRTH,

CASE NO. C15-5032 RBL

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Plaintiff,

ORDER OF DISMISSAL

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v.

[Dkt. #s 8 and 14]

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QUALITY LOAN SERVICE CORP. OF
WASHINGTON,

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Defendant.

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THIS MATTER is before the Court on the following Motions: Defendant MERS’s
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Motion to Dismiss [Dkt. #8]; Defendant Quality’s Motion for Summary Judgment [Dkt. #14]
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and on the Court’s own motion in light of Plaintiff’s Response to the Court’s Order requiring an
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Amended Complaint [Dkt. #10]. The Court’s prior Order outlined the problems with Plaintiff’s
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proposed complaint, and required her to pay the filing fee or amend her complaint to address the
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deficiencies within 21 days of February 26, 2015. She did neither. Plaintiff did respond by way
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of an “Affirmation” [Dkt. #8] to the Motion to Dismiss, but that document did not address the
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original deficiencies.
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The Motion to Dismiss (and the Motion for Summary Judgment) appears to be
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meritorious, and it does not appear that Plaintiff can state a claim against MERS. However, the
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ORDER OF DISMISSAL - 1

1 plaintiff has not complied with the Court’s Order to amend her complaint, and she has not paid
2 the filing fee. Consistent with the Court’s prior Order, the case is DISMISSED without
3 prejudice. The pending Motions are DENIED as moot.
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IT IS SO ORDERED.

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Dated this 28th day of April, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. #S 8 AND 14] - 2