Kouretas v. Nationstar Mortgage Holdings, Inc. et al

Filing 54

ORDER signed by Chief Judge Morrison C. England, Jr on 9/29/2014 DISMISSING Plaintiff's claim for the breach of the implied covenant of good faith and fair dealing. The 52 Motion to Dismiss is DENIED without prejudice as moot. CASE CLOSED.(Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES KOURETAS,

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Plaintiff,

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No. 2:13-cv-02632-MCE-KJN

v.

ORDER

NATIONSTAR MORTGAGE
HOLDINGS, INC. and BANK OF
AMERICA, N.A.,

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Defendants.

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On August 19, 2014, the Court granted Defendants’ Motions to Dismiss, ECF

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Nos. 33, 35, without leave to amend as to Plaintiff’s claims for wrongful foreclosure and

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financial elder abuse, and with leave to amend as to Plaintiff’s claim for breach of the

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implied covenant of good faith and fair dealing. Mem. and Order, Aug. 19, 2014, ECF

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No. 49. Plaintiff was warned that the failure to file an amended complaint within twenty

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(20) days would result, without further notice to the parties, in the dismissal with

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prejudice of Plaintiff’s claim for breach of the implied covenant of good faith and fair

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dealing and the closing of the case. See id. Plaintiff filed a Second Amended

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Complaint—two days late—on September 10, 2014, without leave of the Court.

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Consequently, Plaintiff’s claim for the breach of the implied covenant of good faith

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and fair dealing is DISMISSED WITH PREJUDICE and the Clerk of the Court is directed

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to CLOSE the case.

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Defendant Nationwide Mortgage Holdings, Inc. has moved to dismiss the Second

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Amended Complaint pursuant to Federal Rule of Civil Procedure 41(b), or in the

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alternative, Federal Rule of Civil Procedure 12(b)(6) (“Motion”). The Motion, ECF No.

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52, is DENIED without prejudice as moot.

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IT IS SO ORDERED.

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Dated: September 29, 2014

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