Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cv-00554-SLR

Document 20

Filed 08/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ASHOK V. SHAH, ) ) Plaintiff, ) ) ) ) ) ) Defendant. )

v. BANK OF AMERICA,

Case No.: 07-554-SLR

MOTION FOR ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Defendant Bank of America, pursuant to Local Rule of Civil Practice for the District of Delaware 1.3, moves the Court to grant summary judgment in favor of Defendant and against Plaintiff Ashok Shah. The grounds for this motion are as follows: 1. On November 21, 2007, the Court issued a Scheduling Order in this matter that

set May 5, 2008, as the deadline for summary judgment motions to be filed and May 19, 2008, as the deadline for any opposition thereto. (D.I. 9). 2. Defendant Bank of America timely filed its Motion for Summary Judgment and

Opening Brief in Support on May 5, 2008. (D.I. 17-19). 3. As of August 21, 2008, Plaintiff has not filed any opposition to the Motion for

Summary Judgment. Accordingly, Plaintiff has abandoned or failed to prosecute his claims diligently and failed to comply with the Rules of this Court relating to motions. Accordingly, Defendant's Motion for Summary Judgment should be determined against Plaintiff. 4. Further, as discussed in detail in Defendant's Opening Brief in Support of its

Motion for Summary Judgment, there is no genuine dispute of material fact that could preclude summary judgment and Defendant is entitled to judgment as a matter of law on the merit of Plaintiff's claims.

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Case 1:07-cv-00554-SLR

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WHEREFORE, for the foregoing reasons, Defendant Bank of America respectfully requests that the Court enter an order granting summary judgment in favor of Defendant and against Plaintiff.

Respectfully submitted, /s/ Margaret M. DiBianca Margaret M. DiBianca, Esq. (Bar I.D. 4539) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-5008 Facsimile: (302) 576-3476 E-mail: [email protected] and Elena D. Marcuss, Esq. (admitted pro hac vice) MCGUIRE WOODS LLP 7 St. Paul Street, Suite 1000 Baltimore, MD 21202 Telephone: (410) 659-4400 Facsimile: (410) 659-4547 E-mail: [email protected] Attorneys for Defendant Dated: August 21, 2008

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CERTIFICATE OF SERVICE I, Margaret M. DiBianca, Esquire, do hereby certify that, on August 21, 2008, I did electronically file DEFENDANT'S MOTION FOR ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT with the Court. I also certify that I caused two (2) copies of DEFENDANT'S MOTION FOR ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT to be mailed via U.S. Certified Mail, return receipt requested, to the following plaintiff pro se: Ashok V. Shah P.O. Box 1182 New Castle, Delaware 19720

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Margaret M. DiBianca Margaret M. DiBianca, Esq. (Bar I.D. 4539) The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-5008 Facsimile: (302) 576-3476 E-mail: [email protected] Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ASHOK V. SHAH, ) ) Plaintiff, ) ) ) ) ) ) Defendant. )

v. BANK OF AMERICA,

Case No.: 07-554-SLR

ORDER IT IS HEREBY ORDERED this ______ day of ____________, 2008, that Defendant's Motion for Summary Judgment (D.I. 17) is GRANTED and that Plaintiff's Complaint is dismissed in its entirety with prejudice.

Judge Sue L. Robinson

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