Isaacs et al v. Countrywide Bank, N.A. et al

Filing 37

ORDER DEEMING AMENDED COMPLAINT FILED AND DENYING AS MOOT MOTION TO DISMISS AND REQUEST FOR JUDICIAL NOTICE re 16 MOTION to Dismiss Plaintiffs' Complaint filed by Countrywide Bank, N.A., The Bank of New York, Countrywide Home L oans Servicing, Recon Trust Company, 26 Renotice motion hearing, filed by Countrywide Bank, N.A., The Bank of New York, Country Wide Home Loans Servicing, Countrywide Home Loans Servicing, Recon Trust Company. Signed by Judge Alsup on May 29, 2012. (whalc2, COURT STAFF) (Filed on 5/29/2012) (Additional attachment(s) added on 5/29/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THEODORE ISAACS and NORMA ISAACS

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For the Northern District of California

United States District Court

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No. C 12-00951 WHA

Plaintiffs,
v.
COUNTRYWIDE BANK N.A., original
mortgage lender, COUNTRYWIDE HOME
LOANS SERVICING, a mortgage servicer,
COUNTRYWIDE HOME LOANS
SERVICING, a nominee/beneficiary, NORTH
AMERICAN TITLE COMPANY, Title
Company, THE BANK OF NEW YORK, and
RECON TRUST COMPANY, mortgage trustee,

ORDER DEEMING AMENDED
COMPLAINT FILED AND
DENYING AS MOOT MOTION TO
DISMISS AND REQUEST FOR
JUDICIAL NOTICE

Defendants.
/

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On March 26, 2012, defendants Countrywide Bank, N.A., Countrywide Home Loans

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Servicing, LP, The Bank of New York Mellon Corporation, and Recontrust Company, N.A.,

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filed a motion to dismiss and request for judicial notice (Dkt. Nos. 16). This action was

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reassigned to the undersigned judge on April 10, 2012. Defendants re-noticed their motion and

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request for judicial notice on the same day. On May 24, 2012, the parties stipulated to the filing

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of an amended complaint, a copy of which was appended to the stipulation (Dkt. Nos. 31, 32).

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The amended complaint is deemed filed. Thus, the motion to dismiss and request for judicial

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notice are DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: May 29, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE