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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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 RE POST-JUDGMENT
FILING

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 liberally construed as their amended complaint and which failed to rectify the deficiencies

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identified by the Court in the Order dated May 4, 2012. Plaintiffs amended complaint was

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largely incomprehensible, and it was impossible to discern any of the essential details of the

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events that triggered the lawsuit. Thus, the Court could not discern the nature of the federal

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question involved, if any, or whether Plaintiffs could demonstrate that there is complete

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diversity, meaning that the parties are citizens of different states, and that the amount at issue

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exceeds $75,000. Accordingly, on June 4, 2012, the Court dismissed the case with prejudice

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and entered judgment.

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On or about November 27, 2012, Plaintiffs filed another document that is as

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incomprehensible as the putative amended complaint. To the extent Plaintiffs are asking the

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Court to vacate the judgment entered on June 4, 2012, that request is DENIED on the basis that

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Plaintiffs have not presented a legally or factually cognizable argument in support of such a

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motion.

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IT IS SO ORDERED.
Dated: December 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 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.
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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: December 4, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk