Villanueva et al v. Countrywide Home Loans et al

Filing 22

ORDER RE POST-JUDGMENT FILING. Signed by Judge Jeffrey S. White on 12/4/12. (jjoS, COURT STAFF) (Filed on 12/4/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 EMILIO J. VILLANUEVA, et al., 11 For the Northern District of California United States District Court 10 No. C 11-06712 JSW Plaintiffs, ORDER RE POST-JUDGMENT FILING v. 12 COUNTRYWIDE HOME LOANS, et al., 13 Defendants. / 14 15 On May 4, 2012, the Court issued an Order granting Defendants’ motion to dismiss and 16 granting Plaintiffs one final opportunity to amend their complaint. Plaintiffs’ amended 17 complaint was due by June 1, 2012. On June 1, 2012, the Plaintiffs filed a document which the 18 Court liberally construed as their amended complaint and which failed to rectify the deficiencies 19 identified by the Court in the Order dated May 4, 2012. Plaintiffs amended complaint was 20 largely incomprehensible, and it was impossible to discern any of the essential details of the 21 events that triggered the lawsuit. Thus, the Court could not discern the nature of the federal 22 question involved, if any, or whether Plaintiffs could demonstrate that there is complete 23 diversity, meaning that the parties are citizens of different states, and that the amount at issue 24 exceeds $75,000. Accordingly, on June 4, 2012, the Court dismissed the case with prejudice 25 and entered judgment. 26 On or about November 27, 2012, Plaintiffs filed another document that is as 27 incomprehensible as the putative amended complaint. To the extent Plaintiffs are asking the 28 Court to vacate the judgment entered on June 4, 2012, that request is DENIED on the basis that 1 Plaintiffs have not presented a legally or factually cognizable argument in support of such a 2 motion. 3 4 IT IS SO ORDERED. Dated: December 4, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 VILLANUEVA et al, Case Number: CV11-06712 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 COUNTRYWIDE HOME LOANS et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 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 December 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 14 listed, by 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. 15 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 21 22 23 24 25 26 27 28 Dated: December 4, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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