Pacheco v. Homecomings Financial, LLC et al

Filing 22

ORDER BY JUDGE JEREMY FOGEL GRANTING 11 , 13 MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT. (jflc1, COURT STAFF) (Filed on 9/4/2008)

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**E-Filed 9/04/2008**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CARLOS PACHECO, an individual, Plaintiff,

Case Number C 08-03002 JF (HRL) ORDER1 GRANTING MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT [re: docket nos. 11, 13, 17-19, 21]

HOMECOMINGS FINANCIAL, LLC, a Delaware Limited Liability Company; MORTGAGEIT, INC., a New York Corporation; and DOES 1-100, Inclusive, Defendants.

Defendants Homecomings Financial, LLC ("Homecomings") and MortgageIT, Inc. ("MortgageIT") move to strike portions of Plaintiff Carlos Pacheco's Complaint. On June 23, 2008, Defendant Homecomings filed a motion to strike the words "punitive damages" from paragraph 2 in the Prayer to Plaintiff's Complaint. On June 25, 2008, Defendant MortgageIT filed a motion to strike the award of actual, compensatory, statutory and punitive damages from

This disposition is not designated for publication in the official reports.

C a s e No. C 08-03002 JF (HRL) O R D E R GRANTING MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT ( JF L C 1 )

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paragraph 2 in the Prayer to Plaintiff's Complaint, as well as any other claim for damages stated in the Complaint (i.e., "statutory penalties and other damages" as stated in paragraph 1 of the Complaint). Shortly thereafter, Defendant Homecomings filed a joinder to incorporate Defendant MortgageIT's motion to strike all damages allegations from Plaintiff's Complaint. In response, Plaintiff filed statements of non-opposition to Defendants' motions. Because of Plaintiff's non-opposition, the motion hearing scheduled for September 5, 2008 is taken offcalendar pursuant to Civil Local Rule 7-1(b), and IT IS HEREBY ORDERED THAT Defendants' motions to strike all damages allegations from Plaintiff's Complaint are GRANTED.

DATED: September 4, 2008

JEREMY FOGEL United States District Judge

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C a s e No. C 08-03002 JF (HRL) O R D E R GRANTING MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT ( JF L C 1 )

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This Order has been served upon the following persons: Carlos Pacheco Email: [e-mail] Daniel Joseph Mulligan Email: [e-mail], [e-mail] Pamela Dawn Simmons Email: [e-mail] Karen A. Braje Email: [e-mail] Frederick Alan Haist Email: [e-mail], [e-mail], [e-mail] Edward Scott Palmer Email: [e-mail], [e-mail]

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C a s e No. C 08-03002 JF (HRL) O R D E R GRANTING MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT ( JF L C 1 )