Osei v. Countrywide Home Loans et al

Filing 16

ORDER signed by Senior Judge Lawrence K. Karlton on 9/16/2009 DENYING as MOOT pending 7 12 Motions to Dismiss, 8 to Strike and pending 9 Request for Judicial Notice without prejudice. (Marciel, M)

1 2 3 4 5 6 7 PATRICK OSEI, 8 NO. CIV. S-09-1981 LKK/JFM 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 / Plaintiff in this suit brings numerous claims against various private financial and real estate businesses and three individuals involved with plaintiff's home mortgage. One of these defendants, v. COUNTRYWIDE HOME LOANS; LENDING 1st MORTGAGE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DELTA MORTGAGE & REAL ESTATE; JEFFREY ALAN PELLETIER; JEFFREY PAUL OLSON; JEFF BRYAN DELORA; and DOES1-20, inclusive, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORDER

Countrywide Home Loans, Inc. ("CHL") moved to dismiss all seven claims against it, moved to strike two portions of the complaint, and requested judicial notice of two documents. Three other

defendants, Delta Mortgage & Real Estate ("DMRE"), Jeffrey Allen Pelletier ("Pelletier"), and Jeffrey Paul Olson ("Olson") moved to dismiss four of the several claims against them. Pursuant to local 1

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rule 78-230(c), plaintiff's oppositions or statements of nonopposition to these motions and request were due by September 14, 2009. Plaintiff did not file any oppositions or statements of nonopposition. Instead, plaintiff filed an amended complaint. The

amended complaint abandons some of plaintiff's claims against some defendants, and adds some allegations to the repeated nine claims. It appears that many of the arguments raised in the motion to dismiss the initial complaint may also apply to the amended complaint. Nonetheless, the court declines to address this issue

without briefing directly on point from either party. Accordingly, the pending motions, Doc. Nos. 7-8, 12, and the pending request for judicial notice, Doc. No. 9, are DENIED WITHOUT PREJUDICE as moot. IT IS SO ORDERED. DATED: September 16, 2009.

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