Castro et al v. Executive Trustee Services, LLC, et al
| Elizabeth Gutierrez and Arnoldo Castro |
| Executive Trustee Services, LLC, Mortgage Electronic Registration Systems, Inc. and Washington Mutual |
| 2:2008cv02156 |
| November 21, 2008 |
| US District Court for the District of Arizona |
| Consumer Credit Office |
| Maricopa |
| Lawrence O Anderson |
| None |
| Federal Question |
| 28:1441 Petition for Removal |
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Filing
44
ORDER - IT IS ORDERED that this case is hereby REMANDED to the Maricopa Count Superior Court for further proceedings. With entry of this remand order, this case is terminated from this District Court's docket without prejudice to Plas' claims alleged in their First Amended Complaint. FURTHER ORDERED that the 5/27/09 Rule 16 scheduling conference is hereby VACATED. Signed by Magistrate Judge Lawrence O Anderson on 5/26/09. (SAT)
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Filing
30
ORDER granting in part and denying in part 9 Motion to Dismiss Case. All federal claims and the State RICO claim alleged in the Complaint (Counts Two, Three and Four) are hereby DISMISSED with prejudice and without leave to amend. Defendants' request to expunge and vacate the lis pendens is denied without prejudice. Plaintiffs shall file an Amended Complaint limited to a State declaratory judgment action (Count One) as to Defendants ETS and MERS and any claims they may have against the ot her Defendants and Intervenor JP Morgan Chase on or before Monday, March 9, 2009. Plaintiffs' counsel are reminded of their obligations under Rule 11(b)(2), FED.R.CIV.P. The Clerk is hereby directed to dismiss this case with prejudice, vacate th e Notice of Lis Pendens Plaintiffs filed with the Maricopa County Recorder and terminate this case in its entirety if Plaintiffs do not file an Amended Complaint on or before Monday, March 9, 2009. Signed by Magistrate Judge Lawrence O Anderson on 2/23/09.(DMT, )
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Filing
6
NOTICE OF ASSIGNMENT AND ORDER that the Dfts Executive Trustee Services, LLC and Mortgage Electronic Registration Systems, Inc., shall file on or before 12/15/08 their written election to either consent to magistrate judge jurisdiction or elect to proceed before a United States district judge. That Plas shall either consent to proceed before a magistrate judge or elect to proceed before a district judge by 12/15/08. Signed by Magistrate Judge Lawrence O Anderson on 11/25/08. (ESL)
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