Larry and Linda Clark v. Fremont Investment & Loan et al

Filing 5

ORDER DISMISSING CASE for the reasons set forth in the attached Order, and in the Order to Show Cause issued October 11, 2012. Ordered by Judge Roslynn R. Mauskopf on 11/5/2012. (Mauskopf, Roslynn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------X LARRY and LINDA CLARK Plaintiffs, -againstFREMONT INVESTMENT & LOAN, GMAC MORTGAGE CORP., LITTON LOAN SERVICING LP., OCWEN LOAN SERVICING LLC, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a foreign Corporation, ORDER DISMISSING CASE 12- CV-5055 (RRM)(RML) Defendants. ----------------------------------------------------------X ROSLYNN R. MAUSKOPF, United States District Judge. This action was commenced on October 9, 2012, with the filing in the Eastern District of New York of a complaint seeking declaratory relief concerning the identity of the legitimate owner and holder of a note and/or mortgage, declaratory relief concerning the rights associated with the note and/or mortgage, and damages. (Doc. No. 1.) Plaintiffs allege that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. Id. On October 11, 2012, this Court ordered plaintiffs to show cause in writing, by October 18, 2012, why this case should not be dismissed for lack of subject matter jurisdiction. To date, plaintiffs have not responded, nor have they communicated with the Court in any way. As such, given plaintiffs failure to respond and for the reasons set forth in the Court’s Order to Show Cause, the Court hereby DISMISSES this action without prejudice for lack of subject matter jurisdiction. The Clerk of the Court is directed to enter judgment accordingly, and close this case. SO ORDERED. Dated: Brooklyn, New York November 5, 2012 Roslynn R. Mauskopf ____________________________________ ROSLYNN R. MAUSKOPF United States District Judge

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