Summary
finding federal-question jurisdiction when Plaintiffs have pled a cause of action for a violation of NRS § 649.370, which incorporates the standards of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1682 et seq.
Summary of this case from Canty v. Integrity 1st Fin. LLCOpinion
3:10-cv-00502-RCJ-VPC.
February 25, 2011
ORDER
Plaintiff sued Defendants over the foreclosure of her mortgage. The Court previously denied a motion to remand and granted in part motions to dismiss and for summary judgment, dismissing all claims except that for statutorily defective foreclosure under Nevada Revised Statutes section 107.080(2)(c). ( See Order, Jan. 20, 2011, ECF No. 23). The Court stayed foreclosure and eviction for 100 days, requiring Defendants to enter into good-faith mediation, and requiring Plaintiff to make interim payments. ( See id.). Plaintiff moved for the Court to reconsider, and the parties have submitted a stipulation to vacate the portion of the Order requiring mediation and interim payments, because Plaintiff denies that any Defendant has authority to modify the mortgage and therefore refuses to enter into the ordered mediation or to make interim payments. ( See Stip., Feb. 14, 2011, ECF No. 29).
CONCLUSION
IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 24) is DENIED.IT IS FURTHER ORDERED that the case is DISMISSED for failure to comply with the Court's Order. See Fed.R.Civ.P. 41(b).
IT IS SO ORDERED.
Dated this 25th day of February, 2011.