Boyd v Wells Fargo Bank, NA et al
Filing
28
ORDER denying without prejudice Defendant Wells Fargo Bank's 19 Motion to Dismiss. Signed by Judge Philip M. Pro on 4/6/10. (Copies have been distributed pursuant to the NEF - ECS)
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** THOMAS BOYD, an individual, ) ) Plaintiff, ) ) vs. ) ) WELLS FARGO BANK, N.A. doing ) business as AMERICA'S SERVICING ) COMPANY, NATIONAL DEFAULT ) SERVICING CORPORATION, ) MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS INC., ) ) Defendants. ) ) 2 :09-CV-02456-PMP-LRL ORDER
On March 9, 2010, the Court entered an Order to Show Cause (Doc. #26) requiring Defendant Wells Fargo Bank and Plaintiff Thomas Boyd to show cause in writing by March 31, 2010, why Defendant Wells Fargo Bank's Motion to Dismiss Plaintiff's Complaint, in the Alternative for Summary Judgment, and to Release the Lis Pendens (Doc. #19) should not be denied without prejudice pending resolution of the above referenced MDL proceedings. On March 31, 2010, Plaintiff filed a Response to the Court's Order to Show Cause (Doc. #27). Defendant Wells Fargo failed to file a response to the Court's Order to Show Cause. Having considered the foregoing and good cause appearing, /// ///
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IT IS ORDERED that Defendant Wells Fargo Bank's Motion to Dismiss Plaintiff's Compliant, in the Alternative for Summary Judgment, and to Release the Lis Pendens (Doc. #19) filed February 3, 2010, is hereby DENIED without prejudice to renew the same following the resolution of the proceedings pending in the MDL proceedings in the District of Arizona. DATED: April 6, 2010.
PHILIP M. PRO United States District Judge
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