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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PETRA MARTINEZ,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 09-05630 WHA

v.

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AMERICA’S WHOLESALE LENDER,
COUNTRYWIDE HOME LOANS
SERVICING LP, BANK OF AMERICA,
RECONTRUST COMPANY, and BANK
OF NEW YORK MELLON,

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Defendants.

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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

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granting summary judgment for defendants in this matter, and remanded the case for further

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proceedings consistent with that decision. Defendants moved immediately for leave to file a

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motion to dismiss plaintiff’s quiet title claim. They assert that because their original motion to

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dismiss was denied without prejudice to a motion for summary judgment — after which

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defendants brought such motion, and which motion was granted by the order reversed in part on

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appeal — they should be entitled to bring a new motion to dismiss now.

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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.

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IT IS SO ORDERED.
Dated: August 16, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE