Doane v. First Franklin Financial Corporation, Inc. et al

Filing 16

ORDER signed by Judge Morrison C. England, Jr on 09/02/10 GRANTING with leave to amend 11 Motion to Dismiss ; DENYING as moot 12 Motion to Strike. Plaintiff may file and amended complaint within 20 days. If no amended complaint is filed within 20 days Plaintiff's claims will be dismissed without leave to amend. (Williams, D)

Doane v. First Franklin Financial Corporation, Inc. et al

Doc. 16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 This action arises out of a mortgage loan transaction in which Plaintiff Gardener James Doane ("Plaintiff") financed his residence in 2007. Presently before the Court is a Motion by ----oo0oo---v. FIRST FRANKLIN FINANCIAL CORPORATION, et al., GARDENER JAMES DOANE, Plaintiff, ORDER No. 2:10-cv-00947-MCE-KJM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Defendants First Franklin Financial Corporation, Home Loan Services, Inc., Mortgage Electronic Registration Systems, Inc., Merrill Lynch and Co., Inc., Merrill Lynch First Franklin Mortgage Loan Trust 2007-2, and First Franklin Mortgage Trust 2007-2 ("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 Fed. R. Civ. Proc. 12(b)(6). 1

Dockets.Justia.com

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

Defendants concurrently move to Strike pursuant to Fed. R. Civ. Proc. 12(f). Plaintiff has filed a Statement of Non-Opposition in which he does not oppose dismissal of his claims and expresses desire to amend his Complaint. Accordingly, in light of Plaintiff's Statement of NonOpposition, Defendants' Motion to Dismiss (ECF No. 11) is GRANTED with leave to amend. is DENIED as moot.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 Defendants' Motion to Strike (ECF No. 12)

said twenty (20)-day period, without further notice, Plaintiff's claims against Defendants will be dismissed without leave to amend. IT IS SO ORDERED. Dated: September 2, 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

1