Brittain v. IndyMac Bank, FSB et al

Filing 15

ORDER re: Motion to Dismiss (sclc2, COURT STAFF) (Filed on 9/8/2009)

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For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANNABELLA BRITTAIN, Plaintiff, v. INDYMAC BANK, FSB, a business entity form unknown; AMERICAN RESIDENTIAL, a business entity; QUALITY LOAN SERVICE CORP., a business entity form unknown; and DOES 1 through 25, inclusive, Defendants.

United States District Court

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No. C-09-2953 SC ORDER RE: MOTION TO DISMISS

On July 29, 2009, Defendant Onewest Bank, FSB ("Defendant") filed a Motion to Dismiss.1 Docket No. 8 ("Motion"). Plaintiff

Annabella Brittain ("Plaintiff") filed an Opposition and Defendant submitted a Reply. Docket Nos. 12, 13.

Defendant failed to file and submit to the Court copies of the Deed of Trust, Substitution of Trustee, Notice of Default, and Notice of Trustee's Sale, despite relying on these documents in the Memorandum of Points and Authorities in Support of the Motion. See Docket No. 10 ("Mem. of P. & A. in Supp. of Mot. to Dismiss") at 2-3.
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Defendant has three (3) days to file a request for the

Defendant is successor in interest to certain assets and liabilities of Indymac Bank, FSB.

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For the Northern District of California

Court to take judicial notice of these documents, along with copies of the documents. The Court will consider the matter to be

submitted at that time, and no further submissions will be considered when ruling on the Motion. The hearing on the Motion There will be no

scheduled for September 11, 2009, is VACATED. oral arguments and no appearances.

IT IS SO ORDERED.

September 8, 2009 ____________________________ UNITED STATES DISTRICT JUDGE

United States District Court

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