Le et al v. 1st National Lending Services et al

Filing 65

Order Dismissing with Prejudice. The Clerk shall close the case file. Signed by Judge Lucy H. Koh on 04/10/2014. (lhklc1, COURT STAFF) (Filed on 4/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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ANDY V. LE, and NIEN THI NGUYEN,
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)
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Plaintiffs,
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v.
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1ST NATIONAL LENDING SERVICES, et. al., )
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Defendants.
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)

Case No.: 13-CV-02543-LHK

ORDER DISMISSING WITH
PREJUDICE

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Plaintiffs Andy V. Le and Lien Thi Nguyen (collectively, “Plaintiffs”) brought this action
against Defendants (1) 1st National Lending Services; (2) U.S. Bank National Association); (3)
Structured Asset Securities Corporation; (4) Aurora Loan Services LLC; (5) OneWest Bank, FSB
and Indymac Mortagage Services; (6) Lehman Brothers Holdings Inc.; (7) Meridian Foreclosure
Service (“Meridian”); (8) Dianne K. Burnett, President of Meridian (“Burnett”); (9) Maggie Salac,
Vice President of Meridian (“Salac”); (10) Skyway Investments LLC; and (11) Principal Capital,
LLC. See ECF No. 1 at 1.
On November 20, 2013, this Court GRANTED Motions to Dismiss filed by all of the
Defendants, but granted Plaintiffs leave to amend. See ECF No. 55. In that Order, the Court stated,
“Plaintiffs elect to file a First Amended Complaint curing the deficiencies identified herein, they
shall do so within 21 days of the date of this Order. Failure to meet the 21-day deadline to file an
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Case No.: 13-CV-02543-LHK
ORDER DISMISSING WITH PREJUDICE

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amended complaint or failure to cure the deficiencies identified in this Order will result in a

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dismissal with prejudice.” Id. at 11.

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Subsequent to the Court’s Order, Plaintiffs stipulated to dismissal of all of the Defendants

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except for Meridian, Burnett, and Salac with prejudice. See ECF Nos. 59, 62, 63. Those parties

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have been terminated pursuant to those stipulations.

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More than 21 days have elapsed since this Court’s November 20, 2013 Order Granting

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Defendants’ Motions to Dismiss, and no amended complaint has been filed against remaining

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Defendants Meridian, Burnett, or Salac. Accordingly, the case is dismissed as to the remaining

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Defendants with prejudice.

United States District Court
For the Northern District of California

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The Clerk shall close the case file.
IT IS SO ORDERED.

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Dated: April 10, 2014

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________________________________
LUCY H. KOH
United States District Judge

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Case No.: 13-CV-02543-LHK
ORDER DISMISSING WITH PREJUDICE