Hale et al v. World Savings Bank et al
Filing
16
ORDER signed by Judge Garland E. Burrell, Jr. on 11/6/2012 ADOPTING 15 Findings and Recommendations in full; GRANTING, in part, 6 Motion to Dismiss; DENYING 7 Motion to Strike; DISMISSING, without prejudice, Plaintiffs' State Law Claims; DISMISSING, with leave to amend, Plaintiffs' TILA Claim; ORDERING Plaintiff to file an Amended Complaint within 21 days. (Michel, G).
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ROBERT H. HALE, et al.,
11
12
13
14
Plaintiffs,
No. CIV 2:12-cv-1462-GEB-JFM (PS)
vs.
WORLD SAVINGS BANK, et al.,
Defendants.
ORDER
/
15
Plaintiffs, proceeding pro se, filed the above-entitled action. The matter was
16
referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21).
17
On October 1, 2012, the magistrate judge filed findings and recommendations
18
herein which were served on plaintiffs and which contained notice to plaintiffs that any
19
objections to the findings and recommendations were to be filed within ten days. Plaintiffs have
20
not filed objections to the findings and recommendations.
21
The court has reviewed the file and finds the findings and recommendations to be
22
supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY
23
ORDERED that:
24
1. The findings and recommendations filed October 1, 2012 are adopted in full;
25
2. Defendants’ June 25, 2012 motion to dismiss is partially granted;
26
1
1
3. Defendants’ June 25, 2012 motion to strike is denied;
2
4. Plaintiffs’ state law claims are dismissed without prejudice; and
3
5. Plaintiffs’ complaint is dismissed with leave to amend only their TILA claim
4
as set forth in the magistrate judge’s October 1, 2012 findings and recommendations. Plaintiffs
5
shall file an amended complaint within twenty-one (21) days of the date of this order.
6
Dated: November 6, 2012
7
8
9
GARLAND E. BURRELL, JR.
Senior United States District Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?