Acacio v. Alliance Bancorp et al

Filing 34

ORDER GRANTING 7 MOTION TO DISMISS WITH LEAVE TO AMEND; VACATING HEARING DATE. Signed by Judge Jeremy Fogel on 3/3/2011. (jflc2, COURT STAFF) (Filed on 3/3/2011)

Acacio v. Alliance Bancorp et al

Doc. 34

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**E-filed 3-3-2011**

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

ANITA ACACIO, Married Woman as Her Sole and Separate Property, Plaintiff, v.

Case Number CV-10-4748-JF ORDER1 GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND; VACATING HEARING DATE [Re: Docket No. 26 ]

ALLIANCE BANCORP, a business entity, form unknown; FIDELITY NATIONAL TITLE, a Business Entity, form unknown; UNIVERSAL MARKETING GROUP, INC., a Business Entity, form unknown, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Business Entity, form unknown, and DOES 1-10, inclusive, Defendants.

Defendant Mortgage Electronic Registration Systems, Inc. ("MERS") moves to dismiss all claims for relief in Plaintiff's complaint. Plaintiff alleges violations of the Truth in Lending Act, 15 U.S.C. § 1601 et seq., violations of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, et seq., and related state law claims. The Court concludes that this motion is appropriate for determination without oral argument and will vacate the hearing date of March 4, 2011. See

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

Case No. 5:10-cv-4748-JF ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND (JFEX2)

Dockets.Justia.com

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Civ. L.R. 7-1(b). Under this Court's Civil Local Rules, Plaintiff's opposition was due at least twenty-one days before the noticed hearing date of March 4, 2011­here, not later than February 11, 2011. See Civ. L.R. 7-3(a). As of the date of this order, Plaintiff has not filed opposition papers. Because the instant motion appears well-taken and is unopposed, the motion to dismiss will be granted with leave to amend. Any amended pleading shall be filed within twenty (20) days after the date of this order. ORDER For good cause shown, (1) (2) the motion to dismiss is GRANTED, WITH LEAVE TO AMEND; any amended pleading shall be filed within twenty (20) days after the date of this order; (3) the hearing date of March 4, 2011 is VACATED.

DATED: March 3, 2011

__________________________________ JEREMY FOGEL United States District Judge

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Case No. 5:10-cv-4748-JF ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND (JFEX2)