Jara v. Aurora Loan Services, LLC et al

Filing 77

ORDER regarding status of California Western Reconveyance Corporation. Signed by Judge Laurel Beeler on 3/7/2012. (lblc2, COURT STAFF) (Filed on 3/7/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
JOSE A. JARA,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-00419 LB
Plaintiff,

v.
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ORDER REGARDING STATUS OF
CALIFORNIA WESTERN
RECONVEYANCE CORPORATION

AURORA LOAN SERVICES, LLC, et al.
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[Re: ECF No. 72]
Defendant.
_____________________________________/
On December 14, 2011, the court granted Defendants’ motions to dismiss Plaintiff’s Third

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Amended Complaint. Order, ECF No. 68.1 The court dismissed Plaintiff’s claim under the Fair

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Debt Collection Practices Act against Defendant California Western Reconveyance Corporation

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(“Cal Western”). Id. at 5-9.

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Plaintiff filed a Fourth Amended Complaint on January 20, 2012. Fourth AC, ECF No. 72. The

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Fourth Amended Complaint, while listing Cal Western as a defendant in the caption, did not

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describe Cal Western as a party or actually contain any claims against Cal Western anywhere else.

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See Fourth AC, ECF No. 72 at 2-3, ¶¶ 2-4 (describing only Aurora Loan Services, LLC (“Aurora”)

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and Mortgage Electronic Registration Systems, Inc. (“MERS”) as “defendants”); 5-6, ¶¶ 10-12 (first

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cause of action brought against Aurora); 6-9, ¶¶ 13-18 (second cause of action brought against

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Aurora); 9-10, ¶¶ 19-23 (third cause of action brought against Aurora and MERS); 10-11, ¶¶ 24-29

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-00419 LB

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(fourth cause of action brought against Aurora); 11-12, ¶¶ 30-31 (fifth cause of action brought

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against Aurora).

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Because the court previously dismissed Plaintiff’s claim against Cal Western in the Third

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Amended Complaint, and because Plaintiff failed to bring any claims against Cal Western in his

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Fourth Amended Complaint, the Clerk of the Court is instructed to terminate Cal Western as a

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defendant in this case.

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IT IS SO ORDERED.
Dated: March 7, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-00419 LB

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