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Mortgage Electronic Registration System, Inc. v. Pritchett

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 6, 2008

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. AND/OR ITS SUCCESSORS, PLAINTIFF,
v.
CONNIE PRITCHETT; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, DEFENDANT/COUNTER-PLAINTIFF,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, COUNTER-DEFENDANT/INTERVENOR.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM and ORDER

Now before the Court is Counter-Defendant Federal Deposit Insurance Corporation's September 12, 2008 motion to dismiss for lack of subject matter jurisdiction (Doc. 12). Specifically, the FDIC argues that the Court should dismiss without prejudice for lack of jurisdiction Pritchett's counter claim because Pritchett failed to recommence her lawsuit prior to August 9, 2008 as required by 12 U.S.C. § 1821(d)(6)(B). On October 20, 2008, the Court ordered Pritchett to respond to the pending motion to dismiss on or before November 3, 2008 or risk the Court granting the motion to dismiss (Doc. 30). The Court also order Pritchett either to have an attorney enter an appearance or to file a pro se entry of appearance on or before November 3, 2008 or risk her counter claim being dismissed for failure to prosecute. As of this date, Pritchett neither has responded to the motion to dismiss nor has filed an entry of appearance.*fn1 Here, the Court considers Pritchett's failure to answer the motion to dismiss as an admission of the merits of the motion. Thus, the Court GRANTS the FDIC's motion to dismiss for lack of subject matter jurisdiction (Doc. 23). Thus, the Court DISMISSES without prejudice for lack of subject matter jurisdiction Pritchett's counter claim. Further, the Court ORDERS Plaintiff Mortgage Electronic Registration System, Inc. to address in writing on or before November 20, 2008 whether the Court has subject matter jurisdiction over its complaint to foreclose mortgage against Pritchett; Unknown Owners and Non-record Claimaints.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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