Bello v. Washington Mutual Bank, FSA et al, No. 2:2009cv00488 - Document 21 (D. Ariz. 2009)
Court Description: ORDER denying as moot 7 Motion for Extension of Time to Answer ; granting 8 Motion to Dismiss Case; granting 19 Motion for summary ruling. Although four defendants, Pacific Gold Mortgage Group, LLC, Credit Suisse International, Washington Mutu al Bank, and Long Beach Mortgage Company do not expressly join the motion to dismiss, we dismiss the complaint against these defendants as well, based on plaintiff's failure to prosecute this case. See Fed. R. Civ. P. 41(b). The clerk shall enter final judgment in favor of all defendants. Signed by Judge Frederick J Martone on 6/10/09.(DMT, )
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Bello v. Washington Mutual Bank, FSA et al 1 Doc. 21 WO 2 3 4 5 NOT FOR PUBLICATION 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Cibney R. Bello, 10 11 Plaintiff, vs. 12 Washington Mutual Bank, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-09-0488-PHX-FJM ORDER 15 16 17 The court has before it defendants Long Beach Securities Corporation, Long Beach 18 Mortgage Loan Trust 2006-6, Deutsche Bank National Trust Company, WaMu Capital 19 Corporation, and California Reconveyance Company (the “Long Beach Defendants”) motion 20 to dismiss (doc. 8). Plaintiff did not respond to the motion. The Long Beach Defendants 21 then filed a motion for summary ruling (doc. 19). Again, plaintiff did not respond. 22 Under LRCiv 7.2(i), if a party “does not serve and file the required answering 23 memoranda . . . such non-compliance may be deemed a consent to the denial or granting of 24 the motion and the Court may dispose of the motion summarily.” We also construe 25 plaintiffs’ failure to respond to the motions as a failure to prosecute this action under Rule 26 41(b), Fed. R. Civ. P. 27 Therefore, pursuant to Rule 41(b) and LRCiv 7.2(i), IT IS ORDERED GRANTING 28 defendants’ motion to dismiss (doc. 8), GRANTING defendants’ motion for summary ruling Dockets.Justia.com 1 (doc. 19), and DENYING defendants’ motion for extension of time to file an answer as moot 2 (doc. 7). Although four defendants, Pacific Gold Mortgage Group, LLC, Credit Suisse 3 International, Washington Mutual Bank, and Long Beach Mortgage Company do not 4 expressly join the motion to dismiss, we dismiss the complaint against these defendants as 5 well, based on plaintiff’s failure to prosecute this case. See Fed. R. Civ. P. 41(b). The clerk 6 shall enter final judgment in favor of all defendants. 7 DATED this 10th day of June, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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