Graves v. Aurora Loan Services et al

Filing 29

ORDER signed by Judge John A. Mendez on 4/6/10: Defendant MERS motion to dismiss is GRANTED WITHOUT LEAVE TO AMEND. It is further ordered that Mortgage Electronic Registration Systems, Inc. is dismissed from this action. (Kaminski, H)

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[PROPOSED] ORDER

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA­SACRAMENTO DIVISION MICHAEL GRAVES, ) ) Plaintiff, ) vs. ) ) AURORA LOAN SERVICES; FIRST ) NATIONAL BANK OF ARIZONA; ) QUALITY LOAN SERVICE CORP.; ) MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC.; ) PREMIER LENDING; LAURA N. WELLS; ) and DOES 1-20 inclusive, ) ) Defendants. ) ) Case No.: 2:09-cv-02227-JAM-DAD

Judge: John A. Mendez Courtroom: 6 ORDER DISMISSING MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

Defendant Mortgage Electronic Registration Systems, Inc.'s ("MERS") motion to dismiss was Plaintiff's First Amended Complaint was granted on January 22, 2010. The Honorable John A. Mendez allowed Plaintiff 20 days to file a Second Amended Complaint. Plaintiff has failed to timely comply with this Court's order. Accordingly, the Court finds as follows:

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IT IS ORDERED that based upon the foregoing, Defendant MERS motion to dismiss is GRANTED WITHOUT LEAVE TO AMEND. It is further ordered that MERS is dismissed from this action. IT IS SO ORDERED.

DATED: April 6, 2010

/s/ John A. Mendez_________ Hon. John A. Mendez United States District Court Judge for the Eastern District of California

[PROPOSED] ORDER

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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 [X] STATE OF CALIFORNIA COUNTY OF LOS ANGELES

PROOF OF SERVICE

) ) ss )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 3760 Kilroy Airport Way, Suite 260, Long Beach, California 90806. On April 6, 2010, I served the following document(s): [PROPOSED] ORDER DISMISSING REGISTRATION SYSTEMS, INC. MORTGAGE ELECTRONIC

On the following interested parties in this action described as follows: Sharon L. Lapin, Esq. 110 Loch Lomond Drive, Suite 9b San Rafael, CA 94901 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff Seth Harris, Esq. McCarthy & Holthus LLP 1770 4th Avenue San Diego, CA 92101 Phone: [phone] Email: [e-mail] Attorney for Defendant quality Loan Service Corp.

BY ELECTRONIC MAIL: I transmitted the document(s) listed above electronically either by e-mail or by electronic filing through the CM/ECF System to the e-mail addresses listed above. I am readily familiar with Microsoft Outlook's e-mail system and the United States District Court's CM/ECF System, and the transmission was reported as complete without error.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on April 6, 2010, in Long Beach, California.

/s/ Kevin R. Broersma Kevin R. Broersma

[PROPOSED] ORDER

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