Quinlan et al v. CitiMortgage, Inc. et al

Filing 82

AMENDED ORDER signed by Chief Judge Morrison C. England, Jr. on 8/27/2013 ORDERING that the 56 , 57 Motions to Dismiss brought on behalf of Defendants Allied International Credit Corp. and Pentagroup Financial LLC are GRANTED WITH PREJUDICE. The Fifth and Sixth Claims for relief against said Defendants (erroneously described as the Sixth and Seventh Claims for relief in the Courts prior 77 Order) are accordingly DISMISSED, WITH PREJUDICE. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAREN QUINLAN aka KAREN
BETZLER, an individual; BOB
BETZLER, an individual,

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Plaintiffs,
v.
CITIMORTGAGE, INC.,. A New York
Corporation; ALLIED INTERNATIONAL
CREDIT CORP., a Canadian
Corporation; and NATIONWIDE
CREDIT INC., a Georgia Corporation;
PENTAGROUP FINANCIAL, LLC, a
Texas Limited Liability Company;
AMERICAN CORADIUS
INTERNATION, LLC, a Delaware
Limited Liability Company;
CITIFINANCIAL, INC., a Maryland
Corporation; CITIBANK, NATIONAL
ASSOCIATION, a federally-chartered
National Bank,

No. 2:11-cv-00986-MCE-EFB

AMENDED ORDER GRANTING
DEFENDANTS’ MOTION TO DISMISS
PORTIONS OF PLAINTIFFS’ THIRD
AMENDED COMPLAINT

Defendants.

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Presently before the Court are Motions to Dismiss brought by Defendants Allied

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International Credit Corp. and Pentagroup Financial, LLC. pursuant to Federal Rule of

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Civil Procedure 12(b)(6).
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Both Motions are alternatively brought as requests for more definite statement.
Given Plaintiffs’ failure to file any opposition to either Motion prior to the scheduled June
27, 2013 hearing date, the Court issued an Order to Show Cause on August 6, 2013 as
to why the claims that were the subject of the Motions should not be dismissed, with
prejudice. On August 15, 2013, Plaintiffs responded to the Order to Show Cause
indicating that they had no objection to such dismissal.
Given the lack of objection and subsequent lack of opposition, and good cause
appearing, the Motions to Dismiss brought on behalf of Defendants Allied International
Credit Corp. and Pentagroup Financial LLC (ECF Nos. 56 and 57, respectively) are
GRANTED with prejudice. The Fifth and Sixth Claims for relief against said Defendants

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(erroneously described as the Sixth and Seventh Claims for relief in the Court’s prior
Order (ECF No. 77) filed August 23, 2013) are accordingly dismissed, with prejudice.
IT IS SO ORDERED.
Dated: August 27, 2013

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