Licup et al v. Citi Mortgage, Inc et al

Filing 21

ORDER GRANTING MOTION 11 TO DISMISS WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on April 12, 2011. (jflc1, COURT STAFF) (Filed on 4/12/2011)

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**E-filed 4/12/2011**
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELEANOR LICUP and DANTE LICUP,
Plaintiffs,

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v.

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CITI MORTGAGE, INC.; ALLIANCE TITLE
COMPANY; ALMADEN BLOSSOM HILL
REALTY, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,

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Case Number 5:10-CV-04574 JF (PSG)
ORDER1 GRANTING MOTION TO
DISMISS WITH LEAVE TO
AMEND
[Re: Docket No. 11]

Defendants.

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Plaintiffs allege that Defendants have violated the Truth in Lending Act, the Real Estate

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Settlement Procedures Act, and related state laws. Defendant Mortgage Electronic Registration

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Systems, Inc. moves to dismiss the complaint for failure to state a claim upon which relief may

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be granted. The Court concludes that the motion is appropriate for determination without oral

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argument and will vacate the hearing scheduled for April 15, 2011. See Civ. L. R. 7-1(b).

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Plaintiffs’ opposition papers were due at least twenty-one days before the noticed hearing

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date of April 15, 2011, or no later than March 25, 2011. See Civ. L. R. 7-3(a). As of the date of

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

Case No. 5:10-CV-04574 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)

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this order, Plaintiffs have not filed opposition papers. Because the instant motion appears well-

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taken and is unopposed, the motion will be granted, with leave to amend.

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ORDER

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For good cause shown:
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(1)

the motion to dismiss is GRANTED, with leave to amend;

(2)

any amended pleading shall be filed within twenty (20) days of the date this order

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is filed;
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(3)

the hearing date of April 15, 2011 is VACATED.

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IT IS SO ORDERED
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DATED: April 12, 2011

__________________________________
JEREMY FOGEL
United States District Judge

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Case No. 5:10-CV-04574 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ELEANOR LICUP and DANTE LICUP,
Plaintiffs,

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Case Number 5:10-CV-04574 JF (PSG)
CERTIFICATE OF SERVICE

v.
CITI MORTGAGE, INC.; ALLIANCE TITLE
COMPANY; ALMADEN BLOSSOM HILL
REALTY, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,

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Defendants.

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I, the undersigned, hereby certify that I am an employee of the Office of the Clerk,
United States District Court, Northern District of California.
On April 12, 2011, I served a true and correct copy of the attached document to each of
the persons hereinafter listed by placing said copy in a postage paid envelope and depositing
said envelope in the United States mail, or by placing said envelope in the outgoing mail
delivery receptacle located in the Clerk’s Office:
Mr. Dante Licup and Mrs. Eleanor Licup
1583 McCoy Avenue
Campbell, CA 95008

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DATED: April 12, 2011

For the Court
Richard W. Weiking, Clerk

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By:
/s/
Diana Munz
Courtroom Deputy Clerk

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Case No. 5:10-CV-04574 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)