Hernandez v. Bank of America, Countrywide

Filing 18

ORDER GRANTING BAC's Motion for Judgment on the Pleadings/Motion for Summary Judgment signed by Judge Oliver W. Wanger on 5/23/2011. (Figueroa, O)

1 KEITH D. KLEIN (SBN 184846)
SARAH SAMUELSON (SBN 267263)

2 BRYAN CAVE LLP
120 Broadway, Suite 300

3 Santa Monica, California 90401-2386
Telephone:

4 Facsimile:
E-Mail:

5

[phone]
[phone]
[e-mail]
[e-mail]

6 Attorneys for Defendant
BAC HOME LOANS SERVICING, LP

7 (erroneously sued as “BANK OF AMERICA, COUNTRYWIDE”)
8

Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

11
12

MARICELA VERDE HERNANDEZ,
Plaintiffs

13

ORDER GRANTING BAC’S MOTION
FOR JUDGMENT ON THE PLEADINGS/
MOTION FOR SUMMARY JUDGMENT

v.

14
15

Case No. 1:11-CV-00001-OWW-JLT

BANK OF AMERICA, COUNTRYWIDE
Defendants.

16
17
18
19
20
21
22
23
24
25
26
27
28
SM01DOCS\837302.1

1
ORDER
CASE NO. 1:11-CV-00001-OWW-JLT

PDF created with pdfFactory trial version www.pdffactory.com

1

2
3
4
5
6
7
8
9
10

Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386

11
12
13
14
15
16
17

The Motion for Judgment on the Pleadings or, in the alternative, for Summary
Judgment pursuant to Rules 12(c) and 56 of the Federal Rules of Civil Procedure
(“Motion”) by BAC Home Loans Servicing, LP (“BAC”) (erroneously sued as “BANK
OF AMERICA, COUNTRYWIDE”) to the Complaint of Plaintiff Maricela Verde
Hernandez (“Plaintiff”) was noticed for hearing on March 21, 2011. In a March 15 minute
order, the Honorable Oliver W. Wanger took the matter off calendar and submitted the
motion for decision on the papers. In an abundance of caution, the Court issued an order
in May 2011 ordering Plaintiff’s counsel to serve notice of the pending motion on Plaintiff
and return a proof of service, and serve Plaintiff’s counsel by U.S. Mail. The Court did not
receive any proof of service or other communication from Plaintiff or Plaintiff’s counsel.
Upon consideration of the papers filed in support of the Motion, and good cause appearing
therefore, the Court
HEREBY ORDERS that:
BAC’s Motion is GRANTED in its entirety.
IT IS SO ORDERED.

Dated: May 23, 2011

/s/ OLIVER W. WANGER
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
SM01DOCS\837302.1

3
PROOF OF SERVICE

PDF created with pdfFactory trial version www.pdffactory.com