Elawyers Elawyers
Ohio| Change

SMITH v. BANK OF AMERICA, N.A., 0:11-3251-MBS-SVH. (2012)

Court: District Court, D. South Carolina Number: infdco20120625a13 Visitors: 9
Filed: Jun. 22, 2012
Latest Update: Jun. 22, 2012
Summary: ORDER SHIVA V. HODGES, Magistrate Judge. Plaintiff, proceeding pro se, brought this action in South Carolina state court on November 16, 2011. [Entry #1-1]. Defendants removed the case to this court on November 30, 2011. [Entry #1]. Defendants (1) Bank of America, N.A., as Successor by Merger to LaSalle Bank National Association as Trustee for Certificate Holders of EMC Mortgage Loan Trust 2005-A Mortgage Loan Pass-Through Certificates, Series 2005-A, (2) EMC Mortgage Corporation, (3) The Bear
More

ORDER

SHIVA V. HODGES, Magistrate Judge.

Plaintiff, proceeding pro se, brought this action in South Carolina state court on November 16, 2011. [Entry #1-1]. Defendants removed the case to this court on November 30, 2011. [Entry #1]. Defendants (1) Bank of America, N.A., as Successor by Merger to LaSalle Bank National Association as Trustee for Certificate Holders of EMC Mortgage Loan Trust 2005-A Mortgage Loan Pass-Through Certificates, Series 2005-A, (2) EMC Mortgage Corporation, (3) The Bear Stearns Companies, LLC, and (4) JP Morgan Chase & Co. (collectively "Moving Defendants") filed a motion to dismiss, for judgment on the pleadings and for summary judgment on May 17, 2012. [Entry #40]. As Plaintiff is proceeding pro se, the court entered an order on May 18, 2012, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising her of the importance of Moving Defendants' motion and of the need for her to file an adequate response. [Entry #41]. Plaintiff was specifically advised that if she failed to respond adequately, Moving Defendants' motion may be granted, thereby ending Plaintiff's claims against them in this case.

Notwithstanding the specific warning and instructions set forth in the court's Roseboro order, Plaintiff has failed to respond to the motion. As such, it appears to the court that she does not oppose the motion and wishes to abandon this action. Based on the foregoing, Plaintiff is directed to advise the court whether she wishes to continue with this case and to file a response to Moving Defendants' motion by July 6, 2012. Plaintiff is further advised that if she fails to respond, this action will be recommended for dismissal with prejudice for failure to prosecute. See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b).

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer