Caraang et al v. PNC Mortgage et al

Filing 42

ORDER AMENDING 39 ORDER GRANTING IN PART AND DENYING IN PART PNC DEFENDANTS' 11 MOTION TO DISMISS COMPLAINT: "Plaintiffs had until July 1, 2011 to file an amended complaint in accordance with this order. The Court CAUTIONED Plaintiff s that, if they failed to file their amended complaint by July 1, 2011, this Court would amend this order to dismiss all of Plaintiffs' claims with prejudice. Plaintiffs failed to file their amended complaint by July 1, 2011. The Court therefore DISMISSES all of Plaintiffs' claims against the PNC Defendants WITH PREJUDICE. The Court also notes that Defendant NationalCity Mortgage was merged with and into Defendant National City Bank, and Defendant National City Bank merged with and int o Defendant PNC Bank, N.A. [NCM Land Court Petition; PNC Land Court Petition.] Insofar as Defendant National City Mortgage and Defendant National City Bank no longer exist as separate entities from the PNC Defendants, Plaintiffs' claims against Defendants National City Mortgage and National City Bank are also DISMISSED WITH PREJUDICE. At this time, the Court expresses no opinion regarding the status of Plaintiffs' claims against Defendant E*Trade Bank. IT IS SO ORDERED.". Signed by District JUDGE LESLIE E. KOBAYASHI on July 6, 2011. (bbb, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
EDWIN PASCUA CARAANG and EDNA )
GOROSPE CARAANG,
)
)
Plaintiffs,
)
)
vs.
)
)
PNC MORTGAGE, ETC., ET AL.,
)
)
)
Defendants.
_____________________________ )

CIVIL NO. 10-00594 LEK-BMK

ORDER AMENDING ORDER GRANTING IN PART AND DENYING
IN PART PNC DEFENDANTS’ MOTION TO DISMISS COMPLAINT
Plaintiffs Edwin Pascua Caraang and Edna Gorospe
Caraang (collectively “Plaintiffs”) filed a nineteen-count
Complaint on October 12, 2010.

Defendants PNC Mortgage, a

division of PNC Bank, National Association; PNC Bank, National
Association in its individual capacity and as successor by merger
to National City Mortgage Inc., and National City Bank; and PNC
Financial Services Group, Inc. (collectively “PNC Defendants”),
filed a Motion to Dismiss Complaint (“Motion”) on February 25,
2011.

On June 20, 2011, this Court filed an order granting the

Motion in part and denying it in part (“Dismissal Order”).
no. 39.]

[Dkt.

In the Dismissal Order, this Court dismissed some of

Plaintiffs’ claims against the PNC Defendants with prejudice and
dismissed the remaining claims against the PNC Defendants without
prejudice.

The Dismissal Order expressly stated: “Plaintiffs

have until July 1, 2011 to file an amended complaint in

accordance with this order.

The Court CAUTIONS Plaintiffs that,

if they fail to file their amended complaint by July 1, 2011,
this Court will amend this order to dismiss all of Plaintiffs’
claims with prejudice.”

[Id. at 63 (emphases in original).]

Plaintiffs, however, failed to file an amended
complaint by July 1, 2011.

This Court therefore AMENDS the

Dismissal Order as follows: the paragraph on page 63, quoted
supra, is hereby replaced by the paragraphs below.
Plaintiffs had until July 1, 2011 to file an
amended complaint in accordance with this order.
The Court CAUTIONED Plaintiffs that, if they
failed to file their amended complaint by July 1,
2011, this Court would amend this order to dismiss
all of Plaintiffs’ claims with prejudice.
Plaintiffs failed to file their amended
complaint by July 1, 2011. The Court therefore
DISMISSES all of Plaintiffs’ claims against the
PNC Defendants WITH PREJUDICE.
The Court also notes that Defendant National
City Mortgage was merged with and into Defendant
National City Bank, and Defendant National City
Bank merged with and into Defendant PNC Bank, N.A.
[NCM Land Court Petition; PNC Land Court
Petition.] Insofar as Defendant National City
Mortgage and Defendant National City Bank no
longer exist as separate entities from the PNC
Defendants, Plaintiffs’ claims against Defendants
National City Mortgage and National City Bank are
also DISMISSED WITH PREJUDICE.
At this time, the Court expresses no opinion
regarding the status of Plaintiffs’ claims against
Defendant E*Trade Bank.
IT IS SO ORDERED.

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DATED AT HONOLULU, HAWAII, July 6, 2011.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

EDWIN PASCUA CARAANG, ET AL. V. PNC MORTGAGE, ETC., ET AL; CIVIL
NO. 10-00594 LEK-BMK; ORDER AMENDING ORDER GRANTING IN PART AND
DENYING IN PART PNC DEFENDANTS’ MOTION TO DISMISS COMPLAINT

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