Vo v. Downey Savings and Loan Association, F.A. et al

Filing 40

ORDER by Judge Whyte granting 34 Motion to Dismiss for Lack of Jurisdiction without argument (statement of non-opposition filed); finding as moot 37 Motion to Appear by Telephone. (rmwlc3, COURT STAFF) (Filed on 4/15/2010)

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ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF JURISDICTION--No. C-09-3985 RMW TER

E-FILED on 4/15/10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LYNN T. VO, Plaintiff, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; et al., Defendants. ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF JURISDICTION [Re Docket No. 34] No. C-09-3985 RMW

Defendant moves to dismiss the second amended complaint for lack of jurisdiction. Plaintiff does not oppose dismissal on this ground. In view of plaintiff's acquiescence, the court finds that there is no need for a hearing or oral argument on the motion and the motion may be decided on the papers submitted. Accordingly, the April 23, 2010 hearing date is vacated and plaintiff's motion to appear by telephone at the hearing is denied as moot. For good cause appearing, defendants' motion to dismiss for lack of jurisdiction is granted. The dismissal is without prejudice.

DATED:

4/15/10

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Sharon Lynn Lapin Email: [e-mail] Counsel for Defendants US Bank National Association and DSL Services Co.: Molly Rachel Newland Email: [e-mail] J. Barret Marum Email: [e-mail] Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

4/15/10

TER Chambers of Judge Whyte

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF JURISDICTION--No. C-09-3985 RMW TER 2