Francisco, et al v. Citibank, N.A.

Filing 23

ORDER signed by Chief Judge Morrison C. England, Jr. on 11/12/2013 ORDERING that Plaintiff's Complaint is DISMISSED without leave to amend; and the Clerk of the Court is directed to close this case. CASE CLOSED (Reader, L)

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1 2 3 4 5 6 7 8 9 10 JULIE A. KOLE, CASB No. 203681 JESSICA LUHRS, CASB No. 284846 KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 ATTORNEY FOR DEFENDANT SELECT PORTFOLIO SERVICING, INC. AS ATTORNEY-IN-FACT FOR WILMINGTON TRUST COMPANY, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE, FOR THE BENEFIT OF REGISTERED HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2007-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 ARNEL CONSTANTINO FRANCISCO and JANETH FRANCISCO, individuals, ) ) ) Plaintiffs, ) ) vs. ) ) CITIBANK, NA AS TRUSTEE FOR ) CERTIFICATEHOLDERS OF STRUCTURED ) ASSET MORTGAGE INVESTMENTS II ) TRUST 2007_AR5, MORTGAGE PASS) THROUGH CERTIFICATES, SERIES 2005- ) AR5 and all persons unknown, claiming any legal) or equitable right, title, estate, lien, or interest in ) the property described in the complaint adverse ) to Plaintiffs’ title, or any cloud on Plaintiffs’ title ) thereto and, does 1 through 100, inclusive, ) ) Defendants. ) Case No. 2:13-cv-01195-MCE-DAD ORDER DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND 22 23 24 25 WHEREAS, on June 13, 2013, Plaintiffs ARNEL CONSTANTINO FRANCISCO and JANETH FRANCISCO (“Plaintiffs”) filed a Complaint in the above-referenced Court, and Defendant 26 SELECT PORTFOLIO SERVICING, INC. AS ATTORNEY-IN-FACT FOR WILMINGTON 27 TRUST COMPANY, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE, FOR THE 28 BENEFIT OF REGISTERED HOLDERS OF STRUCTURED ASSET MORTGAGE -1KYL_SF618683 ORDER DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND – Case No. 2:13-cv-01195-MCE-DAD 1 INVESTMENTS II TRUST 2007-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2 2007-AR5 (“Defendant”) filed a Motion to Dismiss the Complaint on August 5, 2013; 3 4 5 6 WHEREAS, on September 24, 2013, this Court issued an Order granting Defendant’s Motion to Dismiss, and stating that if Plaintiffs did not file an amended complaint by October 25, 2013, their Complaint would be dismissed without leave to amend; and 7 WHEREAS, as of the date of this Order, Plaintiffs have not filed an amended complaint. 8 NOW THEREFORE, IT IS HEREBY ORDERED that [ 9 1. Plaintiffs’ Complaint is Dismissed without leave to amend; and 2. The Clerk of the Court is directed to close this case. 10 11 Dated: November 12, 2013 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2KYL_SF618683 ORDER DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND – Case No. 2:13-cv-01195-MCE-DAD

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