Phillips v. National City Bank of Indiana First Franklin Division

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT DEC 19 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS GERALYN PHILLIPS, No. 10-17365 Plaintiff - Appellant, D.C. No. 2:09-cv-02478-ROS v. MEMORANDUM * NATIONAL CITY BANK OF INDIANA FIRST FRANKLIN DIVISION; NATIONAL CITY HOME LOAN SERVICES INCORPORATED; FIRST FRANKLIN FINANCIAL CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED; DOES 1- 1000, Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief District Judge, Presiding Submitted November 30, 2011 ** San Francisco, California * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: THOMAS and CLIFTON, Circuit Judges, and CARR, Senior District Judge.*** Geralyn Phillips appeals the district court’s dismissal of her action against National City Bank, First Franklin Financial Corporation, Home Loan Services, and the Mortgage Electronic Registration Systems, Inc.. We affirm for the reasons stated by the district court.1 AFFIRMED. *** The Honorable James G. Carr, Senior District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation. 1 Appellant’s Motion for Judicial Notice, filed January 25, 2011, asking us to take notice of opinions cited in Appellant’s Opening Brief, is denied as unnecessary. Judicial notice customarily entails matter of fact. Judicial notice is not required for the court to consider the cited opinions as matters of law and potentially persuasive precedents. 2