Laroza v Bank of America, N.A., et al

Filing 15

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 6/8/10 ORDERING dfts' MOTION to DISMISS 7 8 10 are GRANTED with leave to amend; pltf may file an amended complaint not later than 20 days after the date of this Memorandum and Order is filed electronically. (Carlos, 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 v. BANK OF AMERICA, N.A.; SIERRA PACIFIC MORTGAGE; AMERICA'S SERVICING COMPANY; FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, Defendants. ----oo0oo---This action arises out of a mortgage loan transaction in which Plaintiff Naty C. Laroza ("Plaintiff") financed her home in 2006. Presently before the Court are Motions by Defendants Bank NATY C. LAROZA, Plaintiff, MEMORANDUM AND ORDER No. 2:10-cv-00275-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

of America, N.A.; Wells Fargo Bank, N.A doing business as America's Servicing Company; Sierra Pacific Mortgage Company, Inc.; and First American Loanstar Trustee Services ("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). Plaintiff has failed to timely file an opposition. 1

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Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. May 27, 2010. May 13, 2010. The date of the hearing on motion was set for Fourteen (14) days prior to the hearing was No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiff, Defendants' Motions to Dismiss (Docket Nos. 7, 8 and 10) are GRANTED with leave to amend.1 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: June 8, 2010

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

Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. Local Rule 230(g). 2

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