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16-8263 - Ribail v. Bank of America NA et al


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16-8263 - Ribail v. Bank of America NA et al
November 1, 2016
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ORDER & OPINION re: 20 AMENDED MOTION to Dismiss filed by Federal National Mortgage Association as Trustee For Fannie Mae Remic Trust 2004-67, Does 1 through 100 Inclusive, Bank of America, N.A., 14 MOTION to Dismiss filed by Federal National Mortgage Association as Trustee For Fannie Mae Remic Trust 2004-67, Does 1 through 100 Inclusive, Bank of America, N.A. Defendants Bank of America, N.A. and Federal National Mortgage Association as Trustee For Fannie Mae Remic Trust 2004-67 moved to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative to transfer the case to the United States District Court for the District of Arizona, pursuant to 28 U.S.C. ยง 1404(a). Arizona is the center of gravity in this casethe property in question, the Deed of Trust securing the property, all witnesses, all documents, and other sources of proof are located there. Plaintiff himself resides in Arizona. Defendants' motion to transfer venue is GRANTED. This action is transferred to the United States District Court for the District of Arizona. The Clerk of Court is instructed to terminate the motions docketed at ECF Nos. 14 and 20, and close this case. (As further set forth in this Order & Opinion.) (Signed by Magistrate Judge Sarah Netburn on 11/1/2016) (mro) Modified on 11/2/2016 (mro). [Transferred from nysd on 11/10/2016.]
February 13, 2017
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ORDER granting 35 Motion to Dismiss; this case is dismissed, Plaintiff shall take nothing, and the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 2/13/17.(EJA)