From Casetext: Smarter Legal Research

Phillips v. Nat'l City Bank of Indiana First Franklin Div.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 19, 2011
462 F. App'x 666 (9th Cir. 2011)

Opinion

No. 10-17365 D.C. No. 2:09-cv-02478-ROS

12-19-2011

GERALYN PHILLIPS, Plaintiff - Appellant, v. NATIONAL CITY BANK OF INDIANA FIRST FRANKLIN DIVISION; NATIONAL CITY HOME LOAN SERVICES INCORPORATED; FIRST FRANKLIN FINANCIAL CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED; DOES 1-1000, Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief District Judge, Presiding


Submitted November 30, 2011San Francisco, California

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Before: THOMAS and CLIFTON, Circuit Judges, and CARR, Senior District Judge.

The Honorable James G. Carr, Senior District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation.

Geralyn Phillips appeals the district court's dismissal of her action against National City Bank, First Franklin Financial Corporation, Home Loan Services, and the Mortgage Electronic Registration Systems, Inc.. We affirm for the reasons stated by the district court.

Appellant's Motion for Judicial Notice, filed January 25, 2011, asking us to take notice of opinions cited in Appellant's Opening Brief, is denied as unnecessary. Judicial notice customarily entails matter of fact. Judicial notice is not required for the court to consider the cited opinions as matters of law and potentially persuasive precedents.
--------

AFFIRMED.


Summaries of

Phillips v. Nat'l City Bank of Indiana First Franklin Div.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 19, 2011
462 F. App'x 666 (9th Cir. 2011)
Case details for

Phillips v. Nat'l City Bank of Indiana First Franklin Div.

Case Details

Full title:GERALYN PHILLIPS, Plaintiff - Appellant, v. NATIONAL CITY BANK OF INDIANA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 19, 2011

Citations

462 F. App'x 666 (9th Cir. 2011)

Citing Cases

Zurich Am. Ins. Co. of Ill. v. VForce Inc.

) As for the former, judicial notice is not necessary because the court may consider the decisions of other…

Tercero v. C&S Logistics of Sacramento/Tracy, LLC

However, “judicial notice is not required for the court to consider [] cited opinions as matters of law and…