Patrick Carden et al v. Countrywide Home Loans, Inc. et al

Filing 13

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: re: MOTION to Dismiss Case 6 . Plaintiffs have not filed an opposition. The motion appears to be meritorious. The motion to dismiss is GRANTED with leave to amend. Any First Amended Complaint must be filed by not later than April 13, 2009. Failure to timely file an amended complaint will result in dismissal of this action with prejudice. (kbr)

O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-01084 AHM (MANx) Date March 23, 2009 PATRICK CARDEN , et al. v. COUNTRYWIDE HOME LOANS, INC., et al.

Present: The Honorable Stephen Montes Deputy Clerk

A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants:

Attorneys NOT Present for Plaintiffs:

Proceedings:

IN CHAMBERS (No Proceedings Held)

Defendants Countrywide Home Loans, Inc. and Recontrust Co., N.A. have filed a motion to dismiss the complaint or, alternatively, to strike portions of the complaint, pursuant to Fed. R. Civ. P. 12(b)(6), 9(b), and 12(f). Plaintiffs, who are proceeding pro se, have not filed an opposition. "The failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion." Local Rule 7-12. Moreover, on its face the motion appears to be meritorious, as the complaint fails to provide notice of the factual bases for Plaintiffs' claims. The motion to dismiss is GRANTED with leave to amend.1 Any First Amended Complaint must be filed by not later than April 13, 2009. Failure to timely file an amended complaint will result in dismissal of this action with prejudice. No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15.
: Initials of Preparer SMO

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Docket No. 6.
CIVIL MINUTES - GENERAL Page 1 of 1

CV-90 (06/04)