Robertson et al v. DLJ Mortgage Capital Incorporated et al
| Sherwin Dennis Robertson and Irma Robertson |
| Fairbanks Capital Corporation, Credit Suisse Financial Corporation, Unknown Parties, Select Portfolio Servicing Incorporated, Credit Suisse (USA) Incorporated and DLJ Mortgage Capital Incorporated |
| 3:2012cv08033 |
| February 22, 2012 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Yavapai |
| Lawrence O Anderson |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
71
ORDER that the Court certifies that this appeal is not taken in good faith. IT IS FURTHER ORDERED that Plaintiffs' Motion for Permission to Appeal InForma Pauperis, doc. 69 , is DENIED. Signed by Magistrate Judge Lawrence O Anderson on 11/13/2012.(KMG)
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Filing
66
ORDER that Defendants' Motion to Dismiss, doc. 61 , is DENIED in part and GRANTED in part. The Court denies Defendants' Rule 12(b)(1) motion that the District Court of Arizona lacks subject matter jurisdiction over this action, but grant s Defendants' Rule 12(b)(6) motion that Plaintiffs have failed to state a claim upon which relief may be granted. This action is dismissed with prejudice against all Defendants. The Clerk is kindly directed to enter Judgment in favor of Defendants and against Plaintiffs and terminate this action. Signed by Magistrate Judge Lawrence O Anderson on 10/11/2012.(KMG)
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Filing
51
ORDER that the Complaint is DISMISSED without prejudice for failure to demonstrate subject-matter jurisdiction on its face and allege plausible claims upon which relief may be granted. If Plaintiffs elect to file a proposed amended complaint, it must be consistent with this order, set forth sufficient specific facts regarding each party's citizenship, domicile, and, as to each corporate defendant, identify the state where it is incorporated and the state of its principle place of business. FURTHER ORDERED that if Plaintiffs seek to bring an amended complaint, the amended complaint must be filed on or before Friday, July 13, 2012, or Plaintiffs' leave to amend is denied ab initio. FURTHER ORDERED that Defendants Black and White Cor porations 1-100 in the Complaint are dismissed without prejudice. These individual or corporate defendants are dismissed because the Federal Rules of Civil Procedure do not provide for the use of fictitious parties. Signed by Magistrate Judge Lawrence O Anderson on 6/25/2012. (KMG)
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