Jones, et al. v. Aegis Wholesale Corporation, et al.

Filing 53

ORDER signed by Judge John A. Mendez on 10/19/2015 ORDERED, ADJUDGED and DECREED 51 that Defendant's Motion to Dismiss the Complaint is GRANTED without leave to amend. (Reader, L)

MCGUIREWOODS LLP
1 ALISON V. LIPPA SBN #160807
1800 Century Park East, 8th Floor
2 Los Angeles, CA 90067-1501
Telephone: [phone]
3 Facsimile: 310.315.8210
[e-mail]
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5 Attorneys for Defendant
BANK OF AMERICA, N.A.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY W. JONES and STEPHANNI
11 JONES, individuals,
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Plaintiffs,

CASE NO. 2:15−CV−01134−JAM−CKD
[The Hon. John A. Mendez]

vs.

14 AEGIS WHOLESALE CORPORATION;
NATIONSTAR MORTGAGE; MORTGAGE
15 ELECTRONIC REGISTRATION SYSTEMS
INC.; U.S. BANK, NATIONAL
16 ASSOCIATION, SUCCESSOR TURSTEE
TO WACHOVIA BANK, NATIONAL
17 ASSOCIATION, AS TRUSTEE FOR THE
HOLDERS OF BANC OF AMERICA
18 FUNDING CORPORATION 2005-F TRUST;
WACHOVIA BANK, NATIONAL
19 ASSOCIATION NOW KNOWN AS WELLS
FARGO AS THE PURPORTED TRUSTEE
20 FOR THE SECURITIZED TRUST KNOWN
AS THE AEGIS ASSET BACKED
21 SECURITIES TRUST MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200522 5 CIK# 001343123; BANK OF AMERICA,
N.A.; and DOES 1-10, INCLUSIVE,
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Defendants.
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ORDER GRANTING
BANK OF AMERICA, N.A.’s MOTION
TO DISMISS THE COMPLAINT

Date: August 19, 2015
Time: 9:30 a.m.
Crtrm: 6
Complaint Filed:
Trial Date:

March 19, 2015
TBA

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PROPOSED ORDER GRANTING BANK OF AMERICA, N.A.’s MOTION TO DISMISS THE COMPLAINT

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This matter is before the Court on the motion of Defendant BANK OF AMERICA, N.A.’s

2 (“Defendant”) Motion to Dismiss the Complaint of Plaintiffs TIMOTHY AND STEPHANNI
3 JONES (“Plaintiffs”) pursuant to Federal Rule of Civil Procedure 12(b)(6).
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Having considered the motion and argument presented, it appears that good cause exists to

5 dismiss this action against Defendant.
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It is therefore ORDERED, ADJUDGED and DECREED that Defendant’s Motion to

7 Dismiss the Complaint is GRANTED without leave to amend.
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IT IS SO ORDERED:

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Dated: 10/19/2015

/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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PROPOSED ORDER GRANTING BANK OF AMERICA, N.A.’s MOTION TO DISMISS THE COMPLAINT

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CERTIFICATE OF SERVICE

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I, Alison V. Lippa, certify that on June 19, 2015, the foregoing document entitled

4 [PROPOSED] ORDER GRANTING BANK OF AMERICA, N.A.’S MOTION TO DISMISS
5 THE COMPLAINT was filed electronically via the Court's ECF; thereby upon completion the
6 ECF system automatically generated a "Notice of Electronic Filing" ("NEF") as service through
7 CM/ECF to registered e-mail addresses of parties of record in the case.
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/s/ Alison V. Lippa
Alison V. Lippa

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PROPOSED ORDER GRANTING BANK OF AMERICA, N.A.’s MOTION TO DISMISS THE COMPLAINT