Lee v. Aurora Loan Services, Inc et al

Filing 100

ORDER VACATING HEARING DATE; GRANTING 69 , 72 MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND; AND DISMISSING ACTION WITH PREJUDICE. Signed by Judge Jeremy Fogel on 12/16/2010. (jflc2, COURT STAFF) (Filed on 12/16/2010)

Lee v. Aurora Loan Services, Inc et al

Doc. 100

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**E-Filed 12/16/2010**

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

RONALD LEE, Plaintiff, v. AURORA LOAN SERVICES, INC., et al., Defendants.

Case Number C 09-4482 JF (HRL) ORDER1 VACATING HEARING DATE; GRANTING MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND; AND DISMISSING ACTION WITH PREJUDICE [re: document nos. 69, 72]

Defendants Aurora Loan Services, Inc. ("Aurora") and Mortgage Electronic Registration Systems, Inc. ("MERS") move to dismiss the Plaintiff's second amended complaint ("SAC") pursuant to Federal Rule of Civil Procedure 12(b)(6). Aurora additionally moves to strike portions of the FAC pursuant to Federal Rule of Civil Procedure 12(f). Plaintiff has not filed opposition to the motions. The Court is aware that Plaintiff's counsel withdrew from the case in September of this year, and that Plaintiff now is proceeding pro se. However, Plaintiff was present in court when the Court set the hearing date of December

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

C a s e No. C 09-4482 JF (HRL) O R D E R VACATING HEARING DATE; GRANTING MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND ( JF L C 2 )

Dockets.Justia.com

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17, 2010. Dkt. Entry 96 (Civil Minutes). The Court intentionally set the hearing more than two months out so that Plaintiff would have ample time to respond to the pending motions. Plaintiff has not responded, nor has he sought additional time to respond. The Court has dismissed Plaintiff's complaints on two prior occasions. The Court's last order filed May 18, 2010 is twelve pages long and discusses in detail Plaintiff's failure to state a claim. There is no indication in the record that Plaintiff will be able to amend his pleading to cure the defects noted by the Court. Accordingly, the Court will vacate the December 17 hearing date and grant Defendants' motions to dismiss without leave to amend. ORDER (1) (2) The hearing date of December 17, 2010 is VACATED; Defendants' motions to dismiss are GRANTED WITHOUT LEAVE TO AMEND; (3) (4) The action is DISMISSED WITH PREJUDICE; and The Clerk of the Court shall close the file.

DATED: 12/16/2010 __________________________________ JEREMY FOGEL United States District Judge

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C a s e No. C 09-4482 JF (HRL) O R D E R VACATING HEARING DATE; GRANTING MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND ( JF L C 2 )

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This Order was served upon the following persons:

Ronald Lee 2055 Midwick Drive Altadena, CA 91001

Frances Azizi

[e-mail]

Justin Donald Balser [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Nicole Kimberly Neff Steve W Pornbida [e-mail], [e-mail]

[e-mail]

Victoria Elena Edwards [e-mail], [e-mail], [e-mail], [e-mail]

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C a s e No. C 09-4482 JF (HRL) O R D E R VACATING HEARING DATE; GRANTING MOTIONS TO DISMISS WITHOUT LEAVE TO AMEND ( JF L C 2 )