Ananiev v. Aurora Loan Services, LLC et al

Filing 23

ORDER RE: DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT 19 (Illston, Susan) (Filed on 7/25/2012) (Additional attachment(s) added on 7/25/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 VESKO BORISLAVOV ANANIEV, 12 Plaintiff, 13 No. C 12-2275 SI ORDER RE: DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT v. 14 AURORA LOAN SERVICES LLC, et al., 15 Defendants. / 16 17 On May 7, 2012, pro se plaintiff Vesko Borislavov Ananiev filed this lawsuit against defendants 18 Aurora Loan Services, LLC (“ALS”), Aurora Bank, FSB (“Aurora Bank”), The Wolf Firm (“Wolf”), 19 Rosenthal, Withem & Zeff, Robert L. Rosenthal, Esq., Michael D. Zeff, Esq., and Does 1-10, inclusive. 20 On June 1, 2012, defendants ALS and Aurora Bank moved to dismiss the complaint and moved to strike 21 plaintiff’s prayer for punitive damages. On July 3, 2012, while the motion to dismiss was pending, 22 plaintiff filed a first amended complaint (“FAC”) and an ex parte motion for a temporary restraining 23 order and preliminary injunction against all defendants. Plaintiff did not have permission to file the 24 FAC. 25 In an order filed July 10, 2012, the Court dismissed the original complaint, denied plaintiff’s 26 motion for a temporary restraining order and preliminary injunction, and granted plaintiff leave to file 27 a new amended complaint by July 23, 2012. On July 19, 2012 defendants Rosenthal, Withem & Zeff, 28 Robert L. Rosenthal, Esq., and Michael D. Zeff, Esq., filed a motion to dismiss the FAC. On July 23, 2012, plaintiff filed a second amended complaint. Docket No. 21. 1 In light of the filing of the second amended complaint, the Court DENIES as moot defendants’ 2 motion to dismiss the first amended complaint. Defendants may file a motion to dismiss the second 3 amended complaint. 4 This order resolves Docket No. 19. 5 6 IT IS SO ORDERED. 7 Dated: July 25, 2012 8 SUSAN ILLSTON United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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