Imada v. OneWest Bank, FSB et al

Filing 18

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 5/11/10 ORDERING that the parties 16 Stipulation is STRICKEN as vague; Pltf's 14 First Amended Complaint is STRICKEN as untimely; Defts 12 Motion to Dismiss is GRANTED with leave to amend; Pltf's may file an amended complaint within 20 days of the filing of this order. (Owen, K)

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 Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. E.D. Cal. Local Rule 230 (g). 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WESLIE H. IMADA, Plaintiff, v. ONEWEST BANK, FSB, et al., Defendants.

No. 2:10-cv-00157-MCE-GGH

MEMORANDUM AND ORDER

----oo0oo---This action arises out of a mortgage loan transaction in which Plaintiff Weslie H. Imada ("Plaintiff") refinanced his home in February 2007. Presently before the Court is a Motion by

Defendants OneWest Bank FSB and Mortgage Electronic Registration Systems, Inc. ("Defendants") to Dismiss the claims alleged against them in Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).1 Opposition. Plaintiff has failed to file an

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On April 26, 2010, the parties filed a Stipulation to take Defendants' Motion to Dismiss off calendar. Said stipulation

fails to address whether the Motion to Dismiss is withdrawn or still pending. Accordingly, pursuant to Federal Rule of Civil

Procedure 83(b), the stipulation is stricken as vague. On April 23, 2010, Plaintiff late-filed a First Amended Complaint. Pursuant to Federal Rule of Civil Procedure

15(a)(1)(B), Plaintiff's authority to amend his pleading as a matter of course expired twenty-one (21) days after Defendants' Motion to Dismiss was filed. Plaintiff's First Amended Complaint

was not timely filed and is hereby stricken. In light of no opposition filed by Plaintiff, Defendants' Motion to Dismiss (Docket No. 12) is GRANTED with leave to amend. Plaintiff 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, Plaintiff's claims will be dismissed without leave to amend. IT IS SO ORDERED. Dated: May 11, 2010

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

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