Stone, et al v. Indymac FSB, et al

Filing 43

ORDER signed by Judge Morrison C. England, Jr. on 1/15/2010 ORDERING 25 Defendants' Motion to Dismiss is GRANTED, without leave to amend. (Reader, L)

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 is a Motion by Defendant Deutsche Bank National Trust Company ("Defendant") 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 Defendant's motion. 1 ----oo0oo---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. 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. No opposition was filed as required. In light

of the fact that for the second time, no opposition was filed by Plaintiffs to Defendants' Motion to Dismiss1, the motion is GRANTED without leave to amend. IT IS SO ORDERED. Dated: January 15, 2010

_____________________________ 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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