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Izzo v. First National Land Transfer

August 17, 2010

DENISE IZZO, PLAINTIFF,
v.
FIRST NATIONAL LAND TRANSFER, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Noel L. Hillman, U.S.D.J.

MEMORANDUM & ORDER

HILLMAN, District Judge

THIS MATTER having come before the Court upon the original complaint filed by Plaintiff, Denise Izzo, on or around November 19, 2009; and

Plaintiff having initially averred claims against several defendants, including First National Land Transfer, Inc., E-Mortgage Management, LLC ("E-Mortgage"), SunTrust Mortgage, Inc. ("SunTrust"), Michael DeFalco, and Stewart Title Guaranty Company ("Stewart Title"); and

Stewart Title having moved to dismiss Plaintiff's original complaint on or around February 9, 2010; and

SunTrust having moved to dismiss E-Mortgage's cross-claim on or around March 24, 2010; and

E-Mortgage having represented through counsel, in a letter dated March 25, 2010, that it does not oppose SunTrust's motion; and

The Court noting that "if a party represented by counsel fails to oppose a motion to dismiss, the district court may treat the motion as unopposed and subject to dismissal without a merits analysis," Hollister v. U.S. Postal Serv., 142 F. App'x. 576, 577 (3d Cir. 2005) (citing Stackhouse v. Mazurkiewicz, 951 F.2d 29, 30 (3d Cir. 1992)); and

Plaintiff having filed an amended complaint on or around April 1, 2010; and

Stewart Title having moved to dismiss Plaintiff's amended complaint on or around April 23, 2010, and having presented the same arguments as those in its original motion to dismiss; and

E-Mortgage having filed an answer to Plaintiff's amended complaint and having asserted cross-claims, none of which are directed against SunTrust; and

Plaintiff having voluntarily dismissed SunTrust from this case, with prejudice; and

Plaintiff having represented that the Court's subject matter jurisdiction is predicated upon a federal question relating to the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq., and

It appearing that the only party against whom Plaintiff alleged a cause of action under TILA, or any other federal law, was SunTrust --- now ...


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