Nguyen et al v. BAC Home Loans Servicing, LP et al

Filing 64

ORDER by Judge Whyte granting 55 Motion to Dismiss (rmwlc1, COURT STAFF) (Filed on 12/17/2010)

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Nguyen et al v. BAC Home Loans Servicing, LP et al Doc. 64 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 12/17/2010 RONALD M. WHYTE United States District Judge Defendants' motion to dismiss came on for hearing on December 17, 2010. The plaintiffs filed no opposition, nor did they appear at the hearing. Defendants' motion to dismiss is granted on the basis that the complaint fails to state a claim upon which relief can be granted. Since plaintiffs have had two opportunities to file a viable complaint and have failed to offer any suggestion that they can successfully amend, the dismissal is without leave to amend. PHU VAN NGUYEN, HAI THAI NGUYEN, Husband and Wife, Plaintiff, v. BAC HOME LOAN SERVICES, LP, et al., Defendants. [Re Docket No. 55] No. C-10-01712 RMW ORDER GRANTING MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 12/17/2010 ORDER GRANTING MOTION TO DISMISS--No. C-10-01712 RMW JLR

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