Oritz et al v. Accredited Home Lenders, Inc. et al

Filing 6

ORDER denying 3 Motion to Dismiss as moot and vacates hearing set for 5/1/09. Signed by Judge Jeffrey T. Miller on 4/21/09. (tkl) (jrl).

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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 -1v. ERNESTO ORTIZ; ARACELI ORTIZ, Plaintiffs, CASE NO. 09 CV 0461 JM (CAB) ORDER DENYING MOTION TO DISMISS AS MOOT Doc. No. 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ACCREDITED HOME LENDERS, INC.; LINCE HOME LOANS; CHASE HOME FINANCE, LLC; U.S. BANK NATIONAL ASSOCIATION, TRUSTEE FOR JP MORGAN ACQUISITION TRUST-2006 ACC; and DOES 1 through 100, inclusive, Defendants. Pending before the court is a motion brought by Defendants Chase Home Finance and U.S. National Bank to dismiss Plaintiffs' Complaint. (Doc. No. 3.) In lieu of filing an opposition to the motion, Plaintiffs filed a First Amended Complaint. (Doc. No. 4.) Because the target of Defendants' motion is no longer operative, the court DENIES the motion to dismiss as moot and VACATES the hearing previously set for May 1, 2009. IT IS SO ORDERED. DATED: April 21, 2009 Hon. Jeffrey T. Miller United States District Judge 09cv0461

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