Villanueva et al v. Countrywide Home Loans et al

Filing 19

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge JEFFREY S. WHITE on 6/4/12. (jjoS, COURT STAFF) (Filed on 6/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EMILIO J. VILLANUEVA, et al.,

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For the Northern District of California

United States District Court

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No. C 11-06712 JSW

Plaintiffs,

ORDER OF DISMISSAL WITH
PREJUDICE

v.

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COUNTRYWIDE HOME LOANS, et al.,

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Defendants.
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On May 4, 2012, the Court issued an Order granting Defendants’ motion to dismiss and

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granting Plaintiffs one final opportunity to amend their complaint. Plaintiffs’ amended

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complaint was due by June 1, 2012. On June 1, 2012, the Plaintiffs filed a document which the

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Court shall liberally construe as their amended complaint. That document fails to rectify the

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deficiencies identified by the Court in the Order dated May 4, 2012.

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Like the original complaint and Plaintiffs’ opposition to the Defendants’ motion to dismiss, the

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amended complaint is largely incomprehensible, and it is impossible to discern any of the

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essential details of the events that triggered the lawsuit. As such the Court still cannot discern

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the nature of the federal question involved, if any, or whether Plaintiffs can demonstrate that

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there is complete diversity, meaning that the parties are citizens of different states, and that the

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amount at issue exceeds $75,000.

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As the Court stated in its Order dated May 4, 2012, the failure to file a cognizable legal

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claim by June 1, 2012 would result in dismissal of this action with prejudice without further

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notice to Plaintiffs.

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Accordingly, the Court HEREBY DISMISSES this action WITH PREJUDICE. The
Court shall issue a separate judgment, and the Clerk shall close the file.
IT IS SO ORDERED.
Dated: June 4, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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VILLANUEVA et al,

Case Number: CV11-06712 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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COUNTRYWIDE HOME LOANS et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on June 4, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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16 David Wynn Miller
5166 North 63
17 Milwaukee, WI 53218
18 Emilio J. Villanueva
Jean H. Villanueva
19 Vera C. H. Villanueva
3282 Red Leaf Court
20 Hayward, CA 94542
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Dated: June 4, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk