West v. Recontrust Company et al

RESPONSE to 22 MOTION to Strike 20 Response - Other Motion to Strike Opposition to Defendant's Reply in Support of Motion to Dismiss Amended Complaint

D. Nev.January 24, 2011

Yy . . : . a. . : ' 1 Cody B. W est 43 16 Blushing Meadows Road 2211 111 21. % 13 0 2 North Las Vegas, NV 8903 1 . Telgphone (702 ) 575-2532 . ' 1 3 Plalntiff ln Proper Person '- ' ' . --. -- . - . . ... .. . . . . ' 5 6 UNITED STATES DISTRICT COURT 7 District of Nevada 8 cor)y B . w Es'r ) )9 PLAINTIFF ) Case No.: 2:10-cv-01950-GMN - LRL )1 0 vs. ) ) OPPOSITION TO MOTION 7'O STRIKE 11 BANK OF AMERICA, N.A. and ) PLAINTIFFS' OPPOSITION TO ) DEFENDANTS' REPLY IN SUPPORT OF12 BANK Ol7 AMERICA IIOME LOANS and ) MOTION To DISMISS AMENDED ) COMPLAINT 13 BAC HOME LOANS SERVICING LP and ) )14 RECONTRUST COMPANY and ) ) l 5 MERS - Mortgage Electronic Registration ) ) l 6 Services ) ) 17 DEFENDANTS ) ) 18 19 20 2z Cody B. W est, Plaintiff, in proper person, submits his Opposition To M otion To Strike 22 Plaintiffs' Opposition To Defkndants' Reply ln Support Of M otion To Dismiss Am ended 2 3 Complainl filed by the Defendants wherein they erroneously refer to the Opposition as 24 supplemental. This is incorrect and yet another attempt by Defendants counsel to continue its 2: bantering of the Plaintiff in this case. 26 M em orandum of Points and Authorities Backgroulkd 27 Defendants t'iled their M otion to Dismiss Plaintiff s Amended Complaint on December 3, 28 2010. On Decem ber 1 3, 2010, Plaintiff filed his Opposition which included a M OTION TO 1 Case 2:10-cv-01950-GMN -LRL Document 24 Filed 01/24/11 Page 1 of 3 l DISMISS Defendants Motion to Dismiss gdkt. 141. Defendants tiled a Reply in Support oftheir 2 M otion to Dismiss on Decem ber 30, 20l l including their reply to the Plaintiff s M otion to 3 Dlsm iss. On January 1 1 , 201 l , Plaintifffiled his response to the Reply to support his M otion to 1 Dismiss as allowed by Federal Rules of Civil Procedure 7 gdkt. 201. 6 The Court Shottld Denv Defendants M otion to Strike 7 Defendants cite LR 7-2 as the basis tbr their Motion to Strike. As the Opposition they S refer to includes a M OTION TO DISM ISS the Defendants M otion, their claim ls not valid and 9 violates the very rules they cite. It is apparent that Defendants did not read the Opposition and J Cl Request fbr Dism issal filed with this court on Januaor l 1, 20 l 1 . Tlze Opposition to Defendants 11 Reply is not a Supplemental Opposition as it is in response to the M otion brought forth in the 22 Opposition to which Defendants replied. Are they now admitting that they did not reply to the 13 Motion ctmtained in this document? lf so Defendants themselves are in violation of LR 7-2, the : 4 local rules they cite. Their Reply contained the same headings and thertfore Plaintifr replied as lb allowed under LR 7-2. The filings were timely given that a Holiday was învolved in tle : 6 response time as allowed for under Fed R Civ Proc Rule 6. Therefore Plaintiffs Opposition to 17 Defendants Reply of M otion to Dism iss Amended Com plaint and Request for Dism issal of 18 Defendants M otion to Dism iss Amended Complaint filed on January 1 l , 201 1 is proper and the t 9 Court should give full eonsideration to the same. 20 21 conclusitxn 22 As evidenced Defendants have no standing with this court as a point of law and should not be 23 allowed by the lack of standing to make Motions of any kind to the court. Therefore Plaintiff 2 1 asks the Court to deny Defendants' M otion to Strike. 25 z6 oated this- - - -p t.t day ot-lanuary, 201 1. 27 D.r Cody B. est 28 Plaintiff ln Proper Person 2 Case 2:10-cv-01950-GMN -LRL Document 24 Filed 01/24/11 Page 2 of 3 l CERTIFICATE OF M AILING 2 1. ('-ody B. W est, hereby certities that a copy of the Opposition to M otion to Strike 3 Plaintiffs' Opposition to Defendants Reply ln Support of M otion to Dismiss Am ended C'omplaint t t'iled on theo-d/' day of January. 201 1 , in the above-entitled case was mailed by me on January 5 (z .1 201 1 by depositing copies thereof in a sealed envelope, tirst-class postage prepaid. in the 6 United States m ail, to 7 Ariel E. Stern, Esq. Christine M . Parvan, Esq. Akerm an Sentertitt LIVP Akerm an Sentertill LLP 8 .40() South f'ourth Street , Suite 450 400 South Fourth Street, Suite 450 9 Las Vegaso NV 89101 Las Vegasn NV 89109 lo Bank oj-America, N .A. Brian M aynihan, President, CEO 11 ,l00 N. ryron St. :2 Charlotte, NC 28263 13 Bank ofqm erica Home Loans Barbara J. Desoers President14 333 So. l4ope 15 Los Angeles, CA 90072-1406 l 6 BAc Home laoans Servicing, LP 400 National W ay17 Simi Valley, CA 93065-6285 18 Recontrust Company ' 9 2380 performance Drive Building (.r20 M ail Stop -1-X2-984-04-07 21 Richardson, TX 75082 22 M ERS - M ortgage Electronic Registration Systems 23 RK Arnold, President CEO 1 8 1 8 Library Streets Suite 300 24 Reston, VA 20190 2 s 2 6 Dated; Jarzuaryl #, 201 1 ) 27 ..m % s +%z Cody B. W est 28 Plaintiff ln Proper Person 3 Case 2:10-cv-01950-GMN -LRL Document 24 Filed 01/24/11 Page 3 of 3