Deutsche Bank National Trust Company v. McLeod et al
Deutsche Bank National Trust Company |
Kenneth McLeod, Carol McLeod, Circle G at Rigg's Homestead Ranch Homeowners Association and Unknown Parties |
2:2014cv01720 |
July 31, 2014 |
US District Court for the District of Arizona |
Phoenix Division Office |
XX US, Outside State |
Neil V Wake |
Real Property: Foreclosure |
28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
None |
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Filing 54 ORDER: Count II of the Complaint 1 is dismissed as moot and the allegations in paragraphs 36 through 47 are stricken as moot. IF IS FURTHER ORDERED that Defendants McLeod file by June 20, 2018, an answer to the Complaint, failing which a default ma y be entered if sought. Plaintiff's time to serve process on Defendant Circle G at Riggs Homestead Ranch Homeowners Association is extended to July 2, 2018, and that Plaintiff show cause by July 2, 2018, why this action should not be dismissed a s against that Defendant for failure to serve process and failure to prosecute. IT IS FURTHER ORDERED that Plaintiff show cause by July 2, 2018, why the Complaint should not be dismissed with prejudice as against Defendant Circle G at Riggs Homestead Ranch Homeowners Association for failure to state a claim upon which relief can be granted. The Complaint makes no substantive allegations against that Defendant. IT IS FURTHER ORDERED that Plaintiff show cause by July 2, 2018, why the Complaint should not be dismissed with prejudice as against the Doe Individual and Entities 1-10 Defendants for failure to state a claim upon which relief be granted. Signed by Senior Judge Neil V Wake on 6/01/2018. (REK) |
Filing 21 ORDER, Defendants' Motion 11 to Dismiss for Lack of Jurisdiction and Failure to State a Claim Fed. R. Civ. P. 12(b)(1) and 12(b)(6) is granted; the Clerk shall enter judgment dismissing this action with prejudice, but without prejudice to seeking relief from the Default Judgment from the state court; the Clerk shall terminate this case. Signed by Judge Neil V Wake on 12/1/14.(REW) |
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