Miller,et al-v-Washington Mutual Bank, F.A,et al

Filing 17

ORDER by Judge Whyte granting 3 Motion to Dismiss and adopting in full 15 Report & Recommendation (rmwlc1, COURT STAFF) (Filed on 12/3/2012)

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E-FILED on

12/3/12

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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:Romulo-B.: Casiano (SR).
:Romana-V.: Casiano.
:David-Wynn. : Miller. : Federal –Judge,

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Plaintiffs,

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v.
WASHINGTON MUTUAL BANK, FA, et al.,

No. C-12-03979 RMW

ORDER ADOPTING REPORT AND
RECOMMENDATION AND GRANTING
DEFENDANTS' MOTION TO DISMISS
[Re Docket Nos. 3 and 15]

Defendants.

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On August 7, 2012, defendants Wells Fargo Bank, N.A., successor by merger with Wells

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Fargo Bank Southwest, N.A. (formerly known as Wachovia Mortgage, FSB and World Savings

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Bank, FSB) and Golden West Savings Association Service Co. (“defendants”), moved to dismiss all

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claims in the complaint pursuant to Rules 8 and 12(b)(6). Dkt. No. 3. Defendants also asked the

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court to take judicial notice of documents submitted in support of their motion to dismiss. On

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October 9, 2012, Magistrate Judge Lloyd held a hearing on the motion. Plaintiff did not file a

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written opposition or appear at the hearing. Because not all parties had consented to proceed before

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a magistrate judge, Judge Lloyd ordered that the case be reassigned to a district judge and issued a

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ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION TO DISMISS—No.
C-12-03979 RMW
ALG

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report and recommendation that the complaint be dismissed without leave to amend and deny as

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moot defendants' request to take judicial notice. Dkt. No. 15.

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14. The case is now before the undersigned.

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The court having reviewed the magistrate judge's report and there being no objections filed,

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the court adopts the magistrate judge's report and recommendation in full. Defendants' motion to

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dismiss is granted and plaintiff's complaint is dismissed with prejudice.

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United States District Court
For the Northern District of California

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DATED:

December 3, 2012
RONALD M. WHYTE
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION TO DISMISS—No.
C-12-03979 RMW
ALG
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