Rose v. Brooks America Mortgage Corporation et al

Filing 40

ORDER by Judge Claudia Wilken Granting Defendant Homecomings Financial's 29 Motion to Dismiss (ndr, COURT STAFF) (Filed on 12/16/2010)

Rose v. Brooks America Mortgage Corporation et al

Doc. 40

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DEBBIE A. ROSE,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 10-04370 CW ORDER GRANTING DEFENDANT HOMECOMINGS FINANCIAL'S MOTION TO DISMISS (Docket No. 29) /

Plaintiff,

BROOKS AMERICA MORTGAGE CORP., et al., Defendants.

On November 4, 2010, Defendant Homecomings Financial, LLC, moved to dismiss Plaintiff Debbie Rose's complaint. On December

10, 2010, the Court warned Plaintiff that her case would be dismissed for failure to prosecute if she did not file an opposition to Homecomings Financial's motion by December 17, 2010. On December 14, 2010, Plaintiff filed a statement of non-opposition with regard to the motion. Accordingly, Homecomings Financial's motion to dismiss is GRANTED. (Docket No. 29.) Because neither the motion nor

Plaintiff's statement of non-opposition provides that dismissal should be with prejudice, Plaintiff's claims against Homecomings Financial are dismissed without prejudice. Brooks America Mortgage Corporation and Quality Loan Service Corporation are the remaining Defendants in this action. Brooks

America has not appeared in this action, even though proof of service has been filed. Quality Loan has filed a "Declaration of

Nonmonetary Status," but has not moved to dismiss or answered

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff's complaint. A case management conference is scheduled for January 11, 2011 at 2:00 p.m. IT IS SO ORDERED.

Dated: 12/16/2010

CLAUDIA WILKEN United States District Judge

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