Ruiz v. National City Bank

Filing 59

ORDER signed by Judge John A. Mendez on 9/20/2011 DISMISSING Plaintiff's 31 First Amended Complaint on the merits, with prejudice, in favor of Defendant J.P. Morgan Chase Bank, N.A. (Michel, G)

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1 2 3 4 5 6 7 8 9 10 RICK D. NAVARRETTE (CA Bar No. 122653) rnavarrette@alvaradosmith.com RAVI R. BENDAPUDI (CA Bar No. 266529) rbendapudi@alvaradosmith.com ALVARADOSMITH A Professional Corporation 633 W. Fifth Street, Suite 1100 Los Angeles, CA 90071 Tel: (213) 229-2400 Fax: (213) 229-2499 Attorneys for Defendant JPMORGAN CHASE BANK, N.A., an acquirer of certain assets and liabilities of Washington Mutual Bank from the Federal Deposit Insurance Corporation, acting as Receiver, erroneously sued herein as “JPMorgan Chase Bank, NA as successor by merger to Washington Mutual Bank” A LV A RA D O S MI TH UNITED STATES DISTRICT COURT 12 A P RO FES SI O N A L C O R PO RA TI O N L O S A N G EL ES 11 EASTERN DISTRICT OF CALIFORNIA 13 14 Enrique Ruiz, 15 16 17 18 19 CASE NO.: 2:09-CV-01586 JAM GGH Plaintiff, JUDGE: The Honorable John A. Mendez v. National City Bank, JPMorgan Chase Bank, NA as successor by merger to Washington Mutual Bank, LENDER DOE 1 and LENDER DOE 2, ORDER RE: JUDGMENT TO MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT Date: September 19, 2011 Defendants. 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER RE: JUDGMENT 2101614.1 PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 Defendant JPMorgan Chase Bank, N.A., an acquirer of certain assets and liabilities of Washington Mutual Bank from the Federal Deposit Insurance Corporation acting as Receiver, erroneously sued herein as “JPMorgan Chase Bank, N.A., as successor by merger to Washington Mutual Bank,” (hereinafter, “JPMorgan,” or “Defendant”) hereby submits this proposed judgment concerning its Motion to Dismiss the First Amended Complaint of Plaintiff Enrique Ruiz (“Plaintiff”). 7 8 9 10 On September 16, 2011 the Honorable Judge John A. Mendez, having fully considered the evidence and written submissions on record, granted JPMorgan’s Motion to Dismiss, and ordered Plaintiff’s First Amended Complaint dismissed with prejudice as to all causes of action. 11 A LV A RA D O S MI TH A P RO FES SI O N A L C O R PO RA TI O N L O S A N G EL ES 12 13 14 IT IS ORDERED AND ADJUDGED that Plaintiff Enrique Ruiz takes nothing by way of this action. Plaintiff’s First Amended Complaint is hereby dismissed on the merits, with prejudice, in favor of Defendant JPMorgan Chase Bank, N.A. 15 IT IS SO ORDERED. 16 17 DATED: 9/20/2011 18 19 /S/ JOHN A. MENDEZ____________________ THE HONORABLE JOHN A. MENDEZ JUDGE OF THE UNITED STATES DISTRICT COURT 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER RE: JUDGMENT 2101614.1 PDF created with pdfFactory trial version www.pdffactory.com

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