Rubio et al v. Aurora Loan Services, LLC et al

Filing 47

ORDER signed by Judge Garland E. Burrell, Jr on 9/2/09 ORDERING dft JP Morgan Chase Bank's Motion to dismiss 17 , dft Wells Fargo Bank's Motion to dismiss 29 and dft One West Bank's Motion to dismiss 41 are DENIED AS MOOT. (Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter was determined to be suitable for decision without oral argument. E.D. Cal. R. 78-230(h). 1 * IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARLOS RUBIO; MARTA RUBIO, ) ) Plaintiffs, ) ) v. ) ) AURORA LOAN SERVICES, LLC; ) BROOKSAMERICA MORTGAGE CORPORATION;) ONE WEST BANK GROUP, LLC; ) MORTGAGEIT, INC.; WAUSAU MORTGAGE ) CORPORATION; JP MORGAN CHASE BANK; ) WELLS FARGO BANK, NA, ) ) Defendants. ) ) 2:09-cv-01743-GEB-EFB ORDER* On September 2, 2009 an order was filed granting Defendant MortgageIt, Inc's motion to dismiss all of Plaintiffs' claims. The order also granted Plaintiffs leave to amend their complaint within ten days of the date on which the order was filed. Since the operative complaint has been dismissed, Defendant JP Morgan Chase Bank's motion to dismiss filed on July 13, 2009 (Docket No. 17), Defendant Wells Fargo Bank, N.A.'s motion to dismiss filed on July 30, 2009 (Docket No. 29), and Defendant One West Bank Group, LLC's motion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to dismiss filed on August 21, 2009 (Docket No. 41) are denied as moot. Dated: September 2, 2009 GARLAND E. BURRELL, JR. United States District Judge 2

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