Martinez v. America's Wholesale Lender et al

Filing 50

ORDER DENYING DEFENDANTS' MOTION FOR LEAVE TO FILE A MOTION TO DISMISS PLAINTIFF'S QUIET TITLE CLAIM by Hon. William Alsup denying 49 Motion for Leave to File.(whalc2, COURT STAFF) (Filed on 8/16/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 PETRA MARTINEZ, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 09-05630 WHA v. 14 AMERICA’S WHOLESALE LENDER, COUNTRYWIDE HOME LOANS SERVICING LP, BANK OF AMERICA, RECONTRUST COMPANY, and BANK OF NEW YORK MELLON, 15 Defendants. 13 / 16 17 ORDER DENYING DEFENDANTS’ MOTION FOR LEAVE TO FILE A MOTION TO DISMISS PLAINTIFF’S QUIET TITLE CLAIM Yesterday, our court of appeals affirmed in part and reversed in part an order by this Court 18 granting summary judgment for defendants in this matter, and remanded the case for further 19 proceedings consistent with that decision. Defendants moved immediately for leave to file a 20 motion to dismiss plaintiff’s quiet title claim. They assert that because their original motion to 21 dismiss was denied without prejudice to a motion for summary judgment — after which 22 defendants brought such motion, and which motion was granted by the order reversed in part on 23 appeal — they should be entitled to bring a new motion to dismiss now. 24 25 Defendants’ motion is DENIED. The mandate has not returned to this Court. When it does return, we will proceed consistent with the opinion of the court of appeals. 26 27 28 IT IS SO ORDERED. Dated: August 16, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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