Bhatoya v. Ocwen Loan Servicing, LLC et al

Filing 20

ORDER granting 9 Motion to Dismiss signed by District Judge John A. Mendez on 10/2/17. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BALVINDER BHATOYA, an
individual;

No.

2:17-cv-538-JAM-DB

12
Plaintiff,
13

ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

v.
14
15

OCWEN LOAN SERVICING, LLC;
WESTERN PROGRESSIVE, LLC; and
DOES 1 through 20, inclusive,

16
Defendants.
17
18

Balvinder Bhatoya (“Plaintiff”) sued Ocwen Loan Servicing,

19

LLC, and Western Progressive, LLC, (“Defendants”) in state court,

20

alleging claims related to the foreclosure on her property.

21

No. 2-1.

22

complete diversity between the parties.

23

removal, Plaintiff’s counsel sought to withdraw as attorney, ECF

24

No. 6, and Defendants filed a Motion to Dismiss under Fed. R.

25

Civ. P. 12(b)(6), ECF No. 9.

26

Plaintiff filed a Motion for Temporary Restraining Order to

27

enjoin Defendants from conducting the Trustee Sale of her

28

property on May 4, 2017.

ECF

Defendants removed the action to this Court based on
ECF No. 2.

Soon after

Several days later, on May 1, 2017,

ECF No. 13.
1

Plaintiff withdrew her

1

Motion for TRO the next day, ECF No. 15, and the parties filed a

2

Notice of Conditional Settlement the following week, ECF No. 16.

3

The Court thus vacated the hearing dates for the pending motions

4

and ordered the parties to file settlement documents in

5

accordance with Local Rule 160, no later than June 20, 2017.

6

No. 17.

7

19, 2017, Defendants noticed a hearing date on their previously

8

filed Motion to Dismiss.

9

hearing on September 19, 2017. 1

10

No settlement documents were filed.

ECF No. 18.

ECF

Instead, on July

The motion was reset for

Plaintiff has not filed a

response, nor did Plaintiff oppose the motion previously.

11

After having considered the moving papers, and in light of

12

Plaintiff’s non-opposition to the motion, the Court GRANTS the

13

Motion to Dismiss, with prejudice.

14
15

IT IS SO ORDERED.
Dated:

October 2, 2017

16
17
18
19
20
21
22
23
24
25
26
27
1

28

This motion was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g).
2