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Diffenbaugh v. National City Mortgage a Division of National Bank

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 2, 2010

DONALD D. DIFFENBAUGH, PLAINTIFF,
v.
NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL BANK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DISMISS (Doc. No. 6.)

On May 3, 2010, Defendants PNC Bank and Lyman Swensen ("Defendants") moved to dismiss Plaintiff Donald D. Diffenbaugh's ("Plaintiff") complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 6.)

On June 11, 2010, Plaintiff filed a "statement of non-opposition" to Defendants' motion. Specifically, Plaintiff requests that the Court dismiss this entire action, against all defendants, without prejudice. (Doc. No. 8:7--9.)

Defendants motion was set to be heard June 28, 2010. As such, any Reply memorandum to Plaintiff's non-opposition was due June 21, 2010. See S.D. Cal. Civ. R. 7.1(e.3) To date, Defendants have not filed a Reply.

Having read and considered the moving papers, the Court GRANTS Defendants' unopposed motion. (Doc. No. 6.) Moreover, in accordance with Plaintiff's request, this entire lawsuit is hereby DISMISSED against all parties WITHOUT PREJUDICE.

IT IS SO ORDERED.

20100702

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