Zimmerman et al v. Aurora Loan Services et al

Filing 8

ORDER by Judge Marilyn Hall Patel granting 5 Motion to Dismiss as unopposed (awb, COURT-STAFF) (Filed on 10/2/2008)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SCOTT K. ZIMMERMAN, JUDY A. ZIMMERMAN, Plaintiffs, v. AURORA LOAN SERVICES et al., Defendants. / No. C 08-3731 MHP ORDER Re: Aurora's Motion to Dismiss Complaint and/or to Strike Punitive Damages Claim United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 26, 2008, defendant Aurora Loan Services ("Aurora") submitted a motion to dismiss and/or to strike plaintiffs' punitive damages claim. The court granted Aurora's subsequent ex parte application to file the motion prior to the initial case management conference. In its order, the court deemed the motion to dismiss filed as of September 8, 2008, with any opposition due by September 22, 2008, and set a hearing for October 6, 2008. Plaintiffs have neither filed an opposition nor have requested an enlargement of time to do so. Accordingly, defendant's motion to dismiss is GRANTED as unopposed. The Clerk of the Court shall close the file. IT IS SO ORDERED. Dated: October 1, 2008 MARILYN HALL PATEL United States District Court Judge Northern District of California

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