Opinion
Case No. 11-11732
02-07-2012
JUSTINA FAZZOLARI, Plaintiff, Plaintiff, v. TAYLOR BEAN & WHITAKER MORTGAGE CORPORATION, et al., Defendants.
Hon. John Corbett O'Meara
ORDER GRANTING DEFENDANTS'
MOTIONS TO DISMISS
Before the court are Defendants American Home Mortgage Servicing, Inc. and Mortgage Electronic Registration Systems, Inc.'s motion to dismiss, filed December 19, 2011, and Defendant First Securities Financial Services, Inc.'s motion for summary judgment, filed January 3, 2012. Plaintiff has not filed a response to either motion.
Defendants contend that this action should be dismissed because Plaintiff has failed to comply with Defendants' discovery requests and Magistrate Judge Randon's November 30, 2011 order compelling discovery. In that order, Magistrate Judge Randon stated that if "plaintiff fails to timely respond to the outstanding discovery as ordered, then the undersigned will recommend to District Judge John Corbett O'Meara that Plaintiff's lawsuit be dismissed with prejudice." The court concludes that, given Plaintiff's failure to comply with discovery requests and the court's order, as well as Plaintiff's failure to respond to Defendants' motions to dismiss, dismissal is warranted.
Therefore, IT IS HEREBY ORDERED that Defendants' motions to dismiss [docket no. 18] and Defendant's motion for summary judgment [docket no. 21] are GRANTED. Plaintiff's complaint is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendants' motion to extend the dispositive motion deadline [docket no. 22] is DENIED AS MOOT.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, February 7, 2012, using the ECF system.
William Barkholz
Case Manager