Stone, et al v. Indymac FSB, et al

Filing 35

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 12/10/09 ORDERING the Defendants' Motions to Dismiss are GRANTED with leave to amend. 15 21 Plaintiffs may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiffs' claims will be dismissed without leave to amend. (Becknal, R)

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 Presently before the Court are Motions by Defendants MTC Financial Inc. dba Trustee Corps and Mortgage Electronic Registration Systems, Inc. ("Defendants") to dismiss the First Amended Complaint of Plaintiffs John Stone and Dianne Stone ("Plaintiffs") for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have failed to timely file Opposition to Defendants' Motions. 1 v. INDYMAC F.S.B.; MTC FINANCIAL DBA TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ABSOLUTION LOAN INC.; KEVIN D. MCGILL; STEVE PETEE; and DOES 1-20 inclusive, Defendants. ----oo0oo---JOHN STONE and DIANNE STONE No. 2:09-cv-02394-MCE-EFB Plaintiffs, MEMORANDUM AND ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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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 hearings on motions were set for Fourteen (14) days prior to the hearings was To date, no opposition has been filed as

December 10, 2009. November 26, 2009. required.

In light of the fact that no opposition has been filed

by Plaintiffs, Defendants' Motions to Dismiss1 are GRANTED with leave to amend. (Docket No. 15 and Docket No. 21)

Plaintiffs may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within

said twenty (20)-day period, without further notice, Plaintiffs' claims will be dismissed without leave to amend. IT IS SO ORDERED. Dated: December 10, 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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