Miranda et al v. Countrywide et al

Filing 30

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 11/3/09 ORDERING that Defendant's [10 ]Motion to Dismiss is GRANTED with leave to amend. (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 v. 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 Defendant's Motion to Dismiss was originally jointly filed with co-defendant Marin Conveyancing Corporation ("Marin"). Marin has since been voluntarily dismissed from the case by Plaintiff pursuant to Fed. R. Civ. P. 41. 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LUPE MIRANDA AND ANGEL MIRANDA,

No. 2:09-cv-02364-MCE-EFB

MEMORANDUM AND ORDER

BANK OF AMERICA FKA COUNTRYWIDE HOME LOANS; GREENPOINT MORTGAGE FUNDING, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ESTATE HOME LOANS, INC.; AHMED HERNANDEZ-CERVANTES, MARC ARIAS-MORALES; and DOES 1-20 inclusive,

----oo0oo---Presently before the Court is a Motion by Defendant Greenpoint Mortgage Funding to Dismiss1 Plaintiffs Lupe Miranda and Angel Miranda's Complaint. Plaintiffs have failed to timely file Opposition to the Defendant's motion.

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Pursuant to Local Rule 78-230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for October 22, 2009. Fourteen (14) days prior to the hearing was October 8, 2008. No opposition was filed as required. In light of the fact that no opposition was filed by the Plaintiff, Defendant's Motion to Dismiss2 is GRANTED with leave to amend. (The Court notes that Plaintiff has already filed an amended complaint.) IT IS SO ORDERED. Dated: November 3, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 78-230(h). 2

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