Rosales et al v. The Mortgage Store Financial , Inc. et al

Filing 15

ORDER denying as moot Dft Indymac Financial Services' 7 Motion to Dismiss; denying as moot Dft Countrywide Home Loans' 8 Motion to Dismiss. Court vacates the 4/7/2009 hearing on these motions. Signed by Judge Irma E. Gonzalez on 3/25/2009. (jah) (jrl).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // // THE MORTGAGE STORE FINANCIAL, INC; INDYMAC FINANCIAL SERVICES; COUNTRYWIDE HOME LOANS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DOES 1-100; COUNTRYWIDE FINANCIAL CORPORATION; COUNTRYWIDE BANK, F.S.B.; RECONTRUST COMPANY; INDYMAC BANK, F.S.B.; FEDERAL DEPOSIT INSURANCE CORPORATION; ONE WEST BANK, F.S.B.; IMB HOLD CO., LLC; IMB MANAGEMENT HOLDINGS, LP; BANK OF AMERICA CORPORATION; ANGELO MOZILO; DAVID SAMBOL; COUNTRYWIDE HOME LOANS, INC., Defendants. CARLOS M. ROSALES, GLORIA S. ROSALES, Plaintiffs, vs. CASE NO. 09cv235 - IEG - JMA ORDER (1) DENYING AS MOOT THE MOTION TO DISMISS OF INDYMAC FINANCIAL SERVICES (2) DENYING AS MOOT THE MOTION TO DISMISS OF COUNTRYWIDE HOME LOANS [Doc. Nos. 7,8]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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09cv235 - IEG - JMA

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Presently before the Court are (1) a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by defendant Indymac Financial Services and (2) a 12(b)(6) motion to dismiss filed by defendant Countrywide Home Loans. (Doc. Nos. 7,8.) On March 23, 2009, plaintiffs filed their First Amended Complaint. (Doc. No. 14). Therefore, the Court DENIES AS MOOT the motion to dismiss of Indymac Financial and the motion to dismiss of Countrywide Home Loans. Further, the Court VACATES the hearing associated with these motions, which was set for April 7. 2009 at 10:30 a.m. IT IS SO ORDERED.

DATED: March 25, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court

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