Gerardo Flores v. Federal Home Loan Mortgage Corporation et al

Filing 23

ORDER OF DISMISSAL 21 by Judge James V. Selna. THE COURT GRANTS DEFENDANTS' MOTION TO DISMISS WITH PREJUDICE, AND WITHOUT LEAVE TO AMEND. (See order for further details) 21 . Case Terminated. Made JS-6. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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11 GERARDO FLORES,

Case No. 5:18-cv-01311 JVS (KKx)

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ORDER OF DISMISSAL

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Plaintiff,
v.

14 FEDERAL HOME LOAN MORTGAGE
CORPORATION; J.P. MORGAN
15 CHASE BANK, N.A.; and DOES 1-10
inclusive,
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Defendants.
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CASE NO.: 5:18-cv-01311 JVS (KKx)
[PROPOSED] ORDER OF DISMISSAL

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Defendants JPMorgan Chase Bank, N.A. (“Chase”) and Federal Home Loan

2 Mortgage Corporation (“Federal”) (together “Defendants”) filed a motion to dismiss
3 Plaintiff Gerardo Flores’ (“Flores”) First Amended Complaint (“FAC”) for failure to
4 state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Mot., Docket No.
5 17. Flores filed an opposition. Opp’n, Docket No. 18. Defendants replied. Reply,
6 Docket No. 20.
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On September 10, 2018, the Court dismissed Flores’ original Complaint for

8 failure to state a claim. Order, Docket No. 15. In that order, the Court found that all
9 three of Flores’ claims were facially time-barred by the statute of limitations, and that

333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

10 Flores’ Complaint failed to plead sufficient facts to establish that the delayed
11 discovery rule or estoppel should apply to postpone the limitations period. Id. at 4-6.
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THE COURT FINDS that the FAC is essentially identical to the original

13 Complaint. The FAC adds no new allegations that support a finding of delayed
14 discovery or estoppel. Compare Compl., Docket No. 1-2 ¶¶ 14-16, with FAC,
15 Docket No. 16 ¶¶ 14-16.
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THE COURT GRANTS DEFENDANTS’ MOTION TO DISMISS WITH

17 PREJUDICE, AND WITHOUT LEAVE TO AMEND.
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IT IS SO ORDERED.

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21 Dated: November 26, 2018

_______________________________
The Honorable James V. Selna
United States District Court Judge

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CASE NO.: 5:18-cv-01311 JVS (KKx)
[PROPOSED] ORDER OF DISMISSAL