Gill, et al. v. Wells Fargo Bank, N.A., et al.

Filing 20

ORDER Granting Motions to Dismiss, signed by Judge Oliver W. Wanger on 6/28/2011. (Plaintiffs are to file and serve their Second Amended Complaint, if any, on or before July 15, 2011.) (Gaumnitz, R)

1 PETER J. SALMON (SBN 174386)
THOMAS N. ABBOTT (SBN 245568)
2 JASON L. ELIASER (SBN 248394)
PITE DUNCAN, LLP
3 4375 JUTLAND DRIVE, SUITE 200
P.O. BOX 17935
4 SAN DIEGO, CA 92177-0935
TELEPHONE: [phone]
5 FACSIMILE: [phone]
E-Mail: [e-mail]
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Attorneys for Defendant FEDERAL HOME LOAN MORTGAGE CORPORATION
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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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UNITED STATES DISTRICT COURT

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BALDEV GILL, an individual, and
GURMEET GILL, an individual,

HON. OLIVER W. WANGER
Plaintiffs,

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ORDER GRANTING MOTIONS TO
DISMISS

v.

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Case No. 1:11-CV-00218-OWW-GSA

WELLS FARGO BANK, N.A., a national
association, doing business as AMERICA’S
SERVICING COMPANY; CAL WESTERN
RECONVEYANCE CORPORATION, a
corporation; FEDERAL HOME LOAN
MORTGAGE CORPORATION, an agency
of the Federal Government and DOES 1
through 100, inclusive,

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[F.R.C.P. 12(b)(6), (e)]
Complaint Filed:
Trial:
Hearing Date:
Hearing Time:
Courtroom:

September 14, 2010
None Set
June 6, 2011
1:30 p.m.
10 - Second Floor

Defendants.
WHEREAS, the Motion to Dismiss Plaintiffs’ First Amended Complaint (“FAC”) of

20 Defendant Federal Home Loan Mortgage Corporation (“FHLMC”) came for hearing before
21 this Court on June 6, 2011; and
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WHEREAS, the Court having taken the matter under consideration;

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It is hereby ORDERED, ADJUDGED, and DECREED that:

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1.

FHLMC’s Motion to Dismiss Plaintiffs’ FAC is GRANTED without prejudice

25 in its entirety and as to the FAC’s third, fourth, fifth, eighth and ninth causes of action; and
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2.

Plaintiffs are to file and serve their Second Amended Complaint, if any, on or

27 before July 15, 2011.
28 / / /
-1ORDER

11cv218.O rder.G ranting.M TDs.w pd

1 IT IS SO ORDERED
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4 DATED: June 28, 2011

/s/ OLIVER W. WANGER

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United States District Judge

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-2ORDER

11cv218.O rder.G ranting.M TDs.w pd