Opinion
3:10-CV-00649-ECR-VPC
10-14-2011
CHRISTOPHER L. BIRD, Plaintiff, v. RECONTRUST COMPANY, N.A.; BAC HOME SERVICING, LP, a subsidiary of BANK OF AMERICA, N.A., f/k/a COUNTRYWIDE HOME LOANS SERVICING LP; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; JOHN DOES 1 through 10; and DOE CORPORATIONS 1 through 10, Defendants.
Counsel for Plaintiff(s) NONE APPEARING Counsel for Defendant(s) NONE APPEARING
MINUTES OF THE COURT
PRESENT: EDWARD C. REED , JR. U. S. DISTRICT JUDGE
Deputy Clerk: COLLEEN LARSEN Reporter: NONE APPEARING
Counsel for Plaintiff(s) NONE APPEARING
Counsel for Defendant(s) NONE APPEARING
MINUTE ORDER IN CHAMBERS
This case arises out of a foreclosure of Plaintiff's residence. Now pending before the Court are Plaintiff's motion (#22) for summary judgment and Defendants' motion (#28) to strike Plaintiff's motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(f).
Summary judgment is appropriate where no genuine issue of material fact remains in dispute and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In this case, Plaintiff seeks summary judgment on a claim for wrongful foreclosure. However, Plaintiff admits that the operative complaint contains no such claim. (Pl.'s Resp. Def.'s Mot. Strike at 2 (#36).) Plaintiff is not entitled to judgment as a matter of law on a claim that Plaintiff has failed to plead.
IT IS, THEREFORE, ORDERED that Plaintiff's motion (#22) for summary judgment is DENIED .
IT IS FURTHER ORDERED that Defendants' motion (#28) to strike is DENIED as moot.
LANCE S. WILSON, CLERK
By _____________
Deputy Clerk