Yang et al v. Sun Trust Mortgage, Inc.

Filing 38

ORDER signed by Chief Judge Anthony W. Ishii on 6/20/2011 denying as moot 28 Motion to Dismiss. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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CHANG BEE YANG, an individual; and )
LAU YANG, an individual,
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Plaintiffs,
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v.
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SUN TRUST MORTGAGE, INC., a
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VIRGINIA CORPORATION; and
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DOES 1 through 25, inclusive,
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Defendants.
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____________________________________)

1:10-CV-01541 AWI SKO
ORDER DENYING
DEFENDANT’S MOTION TO
DISMISS AND VACATING JUNE
27, 2011 HEARING DATE
[Doc. #28]

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Currently pending before this Court is Defendant Suntrust Mortgage, Inc’s (“Suntrust”)

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motion to dismiss Plaintiffs’ First Amended Complaint. (Doc. #28.) This motion is set for

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hearing on June 27, 2011, at 1:30 p.m. in Courtroom 2. On June 14, 2011, the Magistrate Judge

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granted Plaintiffs’ motion to amend the First Amended Complaint. (Doc. #35.) Plaintiffs filed a

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Second Amended Complaint on June 15, 2011. (Doc. #36.)

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In light of Plaintiffs filing a Second Amended Complaint, Suntrust’s motion to dismiss

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Plaintiffs’ First Amended Complaint is DENIED as moot. IT IS HEREBY ORDERED that the

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previously set hearing date of June 27, 2011, is VACATED, and the parties shall not appear

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at that time.

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IT IS SO ORDERED.

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Dated:
0m8i78

June 20, 2011
CHIEF UNITED STATES DISTRICT JUDGE