Eric S Kalugin v. Deutsche Bank National Trust Company et al

Filing 45

JUDGMENT: IT IS THEREFORE ORDERED that the Moving Parties Motions to Dismissare GRANTED, with prejudice, for reasons as stated on the record. It is furtherORDERED that the action is DISMISSED in its entirety as to all named defendants,with prejudice, for the same reasons stated in granting the motions of the Moving Parties. It is further ORDERED that the Motion to Strike by LPS is denied as moot. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that JUDGMENT OF DISMISSAL is entered in favor of all named defendants andagainst plaintiff Eric Kalugin with prejudice. Defendants are entitled to costs. IT IS SO ORDERED. by Judge Manuel L. Real, 43 (pj)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 ERIC S. KALUGIN,
Plaintiff,

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vs.

14 DEUTSCHE BANK NATIONAL
TRUST COMPANY, et al.,
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Defendants.
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Case No. 2:12-cv-09339-R-JCG
ORDER GRANTING MOTION TO
DISMISS AND DISMISSING
COMPLAINT; JUDGMENT OF
DISMISSAL
Judge: Hon. Manuel L. Real

On February 4, 2013, the Motions to Dismiss and Motion to Strike Portions of

18 Plaintiff’s Complaint of defendants Lender Processing Services, Inc. (“LPS”),
19 Wolters Kluwer Financial Services, Inc. (wrongly sued as VMP Mortgage
20 Solutions, Inc.), CT Corporation System, Deutsche Bank National Trust Company,
21 Deutsche Bank Securities Corporation, Deutsche Bank Berkshire Mortgage, Inc.,
22 Deutsche Bank Americas Holding Corp., Deutsche Bank Aktiengesellschaft,
23 Deutsche Bank Insurance Agency, Inc., Mortgage Electronic Registration Systems,
24 Inc., Merscorp Holdings, Inc., Deutsche National Trust Company, as Trustee for
25 Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series
26 2006-7, Harborview Mortgage Loan Trust, Mortgage Loan Pass-Through
27 Certificates, Series 2006-7, American Home Mortgage Servicing, Inc., Homeward
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LAW OFFICES
HAIGHT, BROWN &
BONESTEEL, L.L.P.
Los Angeles

[PROPOSED] ORDER GRANTING MOTION TO DISMISS AND DISMISSING COMPLAINT;
LP09-0000013
4039016.1

[PROPOSED] JUDGMENT OF DISMISSAL

1 Residential, Inc., and KML Law Group, P.C. (“Moving Parties”) came on regularly
2 for hearing in Courtroom 8 of this Court.
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Plaintiff’s Emergency Motion to Stay the Proceedings was also heard and

4 denied. The Court granted the defendants’ Motions to Dismiss under FRCP Rule
5 12(b)(1) and (6). Specifically, the Court noted that plaintiff had failed to timely
6 oppose the Motions and found that plaintiff failed to state a viable claim, providing
7 only conclusory allegations in contravention of the requirements of Bell Atlantic
8 Corp. v. Twombly, (2007) 550 U.S. 544. The Court also found that plaintiff failed to
9 plead with the specificity. The Court further held that it lacked subject matter
10 jurisdiction here as the case concerned Pennsylvania property; it was plaintiff's
11 burden of proof to show jurisdiction and he made no such showing.
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The Court denied the Motions to Strike Portions of Plaintiff’s Complaint as

13 moot, and dismissed plaintiff’s Complaint in its entirety as to all named defendants,
14 and as to all causes of action without leave to amend.
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IT IS THEREFORE ORDERED that the Moving Parties’ Motions to Dismiss

16 are GRANTED, with prejudice, for reasons as stated on the record. It is further
17 ORDERED that the action is DISMISSED in its entirety as to all named defendants,
18 with prejudice, for the same reasons stated in granting the motions of the Moving
19 Parties. It is further ORDERED that the Motion to Strike by LPS is denied as moot.
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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that

21 JUDGMENT OF DISMISSAL is entered in favor of all named defendants and
22 against plaintiff Eric Kalugin with prejudice. Defendants are entitled to costs.
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IT IS SO ORDERED.

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25 Dated: February 13, 2013
Manuel L. Real, Courtroom 8
Judge, United States District Court

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LAW OFFICES
HAIGHT, BROWN &
BONESTEEL, L.L.P.
Los Angeles

[PROPOSED] ORDER GRANTING MOTION TO DISMISS AND DISMISSING COMPLAINT;
LP09-0000013
4039016.1

[PROPOSED] JUDGMENT OF DISMISSAL