Chalmers v. Solution Processing, LLC et al

Filing 18

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 6/16/10 ORDERING the motion to dismiss 6 is granted, without prejudice. Plaintiff is granted 30 days from the date of this order to file an amended complaint. (Becknal, R)

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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 Charles D. Chalmers, Esq. (State Bar No. 50263) ALLEGIANCE LITIGATION 851 Irwin Street, Suite 200 Fairfax, California 94901 Tel: (415) 860-8134 Fax: (801) 382-2469 cchalmers@allegiancelit.com Attorney for Plaintiff Claudine Chalmers UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION CLAUDINE CHALMERS, ) ) ) Plaintiff, ) ) vs. ) SOLUTIONS PROCESSING, LLC; CRAIG ) ) M. LAVERTY, ESQ.; RYAN LAW FIRM; ) INDY MAC BANK, F.S.B.; KEYER ) NAGRIK; KATHERINE McCOLL; TONY ) ) FIGUEROA; PARK PLACE PROPERTY; ) NEW PHASE GROUP, LLC; MTC FINANCIAL INC. dba TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; FEDERAL LOAN MORTGAGE CORPORATION; HOMESTEPS; and DOES 1 10, inclusive Defendants. WHEREAS: 1. Case No. 2:10-cv-00338-GEB-DAD STIPULATION TO ORDER ON DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER A motion to dismiss filed by defendants FEDERAL HOME LOAN MORTGAGE CORPORATION, HOMESTEPS, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") is presently set for hearing on June 21, 2010, and Stipulation and Order on Motion to Dismiss 1 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 2. Plaintiff concedes the motion is meritorious as to the First Cause of Action; resists dismissal of MERS from the Second Cause of Action with prejudice, and opposes the motion as directed to the Third Cause of Action in part because plaintiff states an ability to replead that cause of action; and 3. Plaintiff seeks leave to file an amended complaint addressing all presently pleaded causes of action; and 4. The moving defendants and plaintiff wish to provide for the efficient and expeditious advancement of this matter. NOW THEREFORE IT IS STIPULATED by the moving parties and plaintiff, by their counsel, subject to this Court's approval, that the motion of dismissal is granted, without prejudice. Plaintiff is granted 30 days from the date of this order to file an amended complaint. Dated: June 15, 2010 _________S/_____________________ Charles D. Chalmers Attorney for Plaintiff Dated: June 15, 2010 __________S/____________________ Anthony C. Haynes MALCOLM CISNEROS Attorney for Defendants IT IS SO ORDERED Dated: 6/16/10 GARLAND E. BURRELL, JR. United States District Judge Stipulation and Order on Motion to Dismiss 2

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