Brown et al v. Countrywide Home Loans Inc. et al

Filing 31

ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 06/16/09. (Attachments: # 1 Judgment)(rbe, COURT STAFF) (Filed on 6/16/2009)

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Two Embarcadero Center, Suite 1410

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San Francisco, California 94111

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Bryan Cave LLP

13 TERRY BROWN and CAROLINE BROWN, 14 15
vs. Plaintiffs,

Case No. C-08-05383-TEH [PROPOSED] ENTRY OF JUDGMENT OF DISMISSAL

LOANS, INC., a 16 COUNTRYWIDE HOMEal. New York corporation, et

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Defendant.

[PROPOSED] ENTRY OF JUDGMENT 3:08-CV-05383-TEH

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Having reviewed the Court's docket and the papers on file in the above-captioned

2 matter, the Court finds the following: 3 1. On October 24, 2008, Plaintiffs Terry and Caroline Brown ("Plaintiffs") filed

4 the instant six-count action against Defendant Countrywide Home Loans, Inc. 5 ("Countrywide" or "Defendant"), in the Superior Court of California for the County of San 6 Francisco. 7 2. On December 1, 2008, Defendant timely removed the action from the

8 Superior Court for the County of San Francisco to this Court. 9
Two Embarcadero Center, Suite 1410 San Francisco, California 94111

3.

On December 8, 2008, Defendant filed a Motion to Dismiss Plaintiffs'

10 Complaint for failure to state a valid cause of action. 11 4. On January 26, 2008, rather than respond to the Motion to Dismiss, Plaintiffs

Bryan Cave LLP

12 filed the First Amended Complaint ("FAC"). 13 5. On February 12, 2009, Defendant filed a Motion to Dismiss the FAC for

14 failure to state a valid cause of action. 15 6. The Motion to Dismiss was decided on April 29, 2009. The Court granted

16 Defendant's Motion to Dismiss counts I, II, III, V and VI without leave to amend. The 17 Court also granted Defendant's Motion to Dismiss Count IV of the FAC with leave to 18 amend. The Court's order did not specify when Plaintiffs were required to file an amended 19 complaint, but Plaintiffs have failed to do so for over 30 days. 20 Accordingly, for the reasons set forth above, IT IS ORDERED, ADJUDGED

21 AND DECREED as follows: 22 That Defendant has judgment against Plaintiffs Terry and Caroline Brown on all
S DISTRICT TE C TA

23 claims, that Plaintiffs take nothing by virtue of their FAC, and that this action is hereby 24 dismissed, with prejudice. Dated: ____________________
06/16/09

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[PROPOSED] ENTRY OF JUDGMENT 3:08-CV-05383-TEH N F

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_______________________________________ Hon. Thelton E. Henderson, District Court Judge United States District Courtderson en l n E. H Northern District hoftoCalifornia dge T e Ju
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