Order Granting Motion to Dismiss
ECF No. 4
JENNIFER A. DORSEY, District Judge.
Plaintiff Ebony Biddle brings this action against the Bank of New York Mellon in an effort to stall foreclosure proceedings after she defaulted on her home mortgage obligation and the Bank obtained a certificate from the State of Nevada's Foreclosure Mediation Program to proceed with the foreclosure process.
Local Rule 7-2(d) states that "The failure of an opposing party to file points and authorities in response to any motion," except one for summary judgment or attorneys' fees, "constitutes a consent to the granting of the motion."
Biddle's bankruptcy filing does not prevent her claims from being dismissed. Although the filing of a bankruptcy petition triggers an automatic stay under 11 U.S.C. § 362(a), that stay only prohibits:
Although the automatic stay sweeps broadly, it "does not prevent a plaintiff/debtor from continuing to prosecute its own claims nor does it prevent a defendant from protecting its interests against claims brought by the debtor,"
Accordingly, IT IS HEREBY ORDERED that Defendant's Motion to Dismiss