Francisco, et al v. Citibank, N.A.
Filing
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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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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
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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
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WHEREAS, on June 13, 2013, Plaintiffs ARNEL CONSTANTINO FRANCISCO and
JANETH FRANCISCO (“Plaintiffs”) filed a Complaint in the above-referenced Court, and Defendant
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SELECT PORTFOLIO SERVICING, INC. AS ATTORNEY-IN-FACT FOR WILMINGTON
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TRUST COMPANY, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE, FOR THE
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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
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INVESTMENTS II TRUST 2007-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
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2007-AR5 (“Defendant”) filed a Motion to Dismiss the Complaint on August 5, 2013;
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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
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WHEREAS, as of the date of this Order, Plaintiffs have not filed an amended complaint.
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NOW THEREFORE, IT IS HEREBY ORDERED that [
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Plaintiffs’ Complaint is Dismissed without leave to amend; and
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The Clerk of the Court is directed to close this case.
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Dated: November 12, 2013
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-2KYL_SF618683
ORDER DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND – Case No. 2:13-cv-01195-MCE-DAD
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