Medina et al v. EMC Mortgage Corporaion et al

Filing 48

AMENDED ORDER Dismissing Complaint with Prejudice. Signed by Judge Claudia Wilken on September 10, 2010. (cwlc1, COURT STAFF) (Filed on 9/10/2010)

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Medina et al v. EMC Mortgage Corporaion et al Doc. 48 1 2 3 4 5 6 7 8 9 FirmName1_1 , FirmLegalStatus1_1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHN M. SORICH (CA Bar No. 125223) jsorich@adorno.com S. CHRISTOPHER YOO (CA Bar No. 169442) cyoo@adorno.com ADORNO YOSS ALVARADO & SMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Tel: (714) 852-6800 Fax: (714) 852-6899 Attorneys for Defendants EMC MORTGAGE CORPORATION AND CITIBANK, N.A., AS TRUSTEE FOR CERTIFICATE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2007-AR6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID S. MEDINA and STEVEN MEDINA aka STEVEN SALCEDO, ADORNO YOSS ALVARADO & SMITH CASE NO.: 09-cv-04830 CW JUDGE: Hon. Claudia Wilken ATTO R N E Y S AT LA W S A N T A AN A Plaintiff, v. EMC Mortgage AMENDED ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE DATE: September 2, 2010 TIME: 2:00 PM CTRM: "2" ACTION FILED: October 9, 2009 Corporation, OneWest Bank FSB by acquisition of Indymac Bank FSB and Citibank, N.A., As Trustee For Certificateholders of Structured Asset Mortgage Investments II Trust 2007-AR6, Mortgage Pass-Through Certificates, Series 2007-AR6 Defendants. The Motion of Defendants EMC Mortgage Corporation ("EMC") and Citibank, N.A., as Trustee for Certificateholders of Structured Asset Mortgage Investments II Trust 2007-AR6, Mortgage Pass-Through Certificates Series 2007-AR6 ("Citibank" and collectively, "Defendants"), for an order dismissing the First Amended Complaint ("FAC") of plaintiffs David S. Medina and Steven Medina aka Steven Salcedo ("Plaintiffs") with prejudice against Defendants was taken under 1 ORDER 1140744.1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 FirmName1_1 , FirmLegalStatus1_1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 submission on the papers. After full consideration of the evidence, having reviewed the papers in support of the Motion, the Court rules as follows: GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: 1. The Motion to Dismiss is granted for Plaintiffs' failure to file a further amended complaint. 2. 3. 4. The complaint against One West Bank FSB is dismissed for the same reason. In this action, the FAC in its entirety is dismissed with prejudice as to all Defendants. Defendants are entitled to a judgment. By: Honorable Claudia Wilken United States District Court Judge DATED: September 10, 2010 ADORNO YOSS ALVARADO & SMITH ATTO R N E Y S AT LA W S A N T A AN A 2 ORDER 1140744.1

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