McGihon v. E*Trade Wholesale Lending Corporation et al
Filing
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ORDER by Judge Hamilton granting 5 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 1/28/2013) (Additional attachment(s) added on 1/28/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PHYLLIS Y. MCGIHON,
Plaintiff,
No. C 12-5927 PJH
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For the Northern District of California
United States District Court
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v.
ORDER DISMISSING COMPLAINT
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E*TRADE WHOLESALE LENDING
CORPORATION, et al.,
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Defendants.
_______________________________/
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Before the court are is a motion to dismiss the complaint in the above-entitled action,
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filed by Ally Financial Inc. Plaintiff Phyllis Y. McGihon did not file an opposition to the
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motion within the time allowed under Civil Local Rule 7-3. Because the complaint is
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completely incomprehensible – to the point that the court cannot ascertain the names or
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identities of the defendants, or the substance of the claims, if indeed there are any claims
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asserted – and because there is no discernable legal basis for the complaint, the court
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hereby GRANTS the motion and dismisses the complaint.
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Although the court is of the opinion that re-pleading will not resolve the deficiencies
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in the complaint, the court will nonetheless allow plaintiff an opportunity to file an amended
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complaint. For that amended complaint to be successful, plaintiff must specify the
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defendants being sued and identify each defendant by official name; must allege separate
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causes of action; must state a constitutional or statutory basis for each cause of action; and
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must allege facts showing each defendant’s personal involvement in the wrongful act
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alleged in each cause of action. If plaintiff fails to file the amended complaint by February
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25, 2013, or if the amended complaint does not comply with the above instructions, the
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case will be dismissed with prejudice.
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The February 27, 2013 hearing date is VACATED.
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IT IS SO ORDERED.
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Dated: January 28, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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