Richard P. Dagres et al v. Countrywide Bank, N.A. et al
| Richard P. Dagres |
| MERSCORP Inc., Greenwich Capital Financial Products, Inc., Greenwich Capital Acceptance, Inc., Does, Deutsche Bank National Trust Company, Countrywide Home Loan Servicing LP, Countrywide Bank, N.A., Nationstar Mortgage and ReconTrust Company N.A. |
| 2:2014cv01339 |
| February 21, 2014 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Carla Woehrle |
| Real Property: Other |
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Filing
77
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court hereby GRANTS with prejudice Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint 71 . (MD JS-6. Case Terminated) Court Reporter: Katherine Stride. (gk)
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Filing
59
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby GRANTS Defendants Motion to Dismiss 46 . The Court dismisses with prejudice plaintiff's first, second, fourth, fifth, sixth, seventh, tenth, and eleventh claims. All other cla ims are dismissed without prejudice. Plaintiff shall have until 8/4/2014, to file an amended complaint correcting the deficiencies identified herein. Plaintiff shall not add any claims not currently pled in the Second Amended Complaint. Plaintiff is admonished that any amended pleading must clearly set forth the factual basis of plaintiff's claims, including what communications, if any, plaintiff has had with defendants. Court Reporter: Not Present. (gk)
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Filing
42
MINUTES (IN CHAMBERS) ORDER RE: AMENDED PLEADINGS by Judge Christina A. Snyder: On 2/25/2014, plaintiff filed an "amended complaint," purporting to assert a "Twelfth Cause of Action Defective Notice of Default" 9 . It appears th at plaintiff intended this amended complaint to supplement his original complaint, rather than stand alone as a new operative pleading. On 4/16/2014, defendants Countrywide, Deutsche Bank, MERS, Nationstar, and RecontTrust filed a motion to dismiss [ 33]. This motion to dismiss treats the amended complaint as the operative pleading, and therefore only discusses plaintiff"s "Twelfth Cause of Action Defective Notice of Default." The Court finds that the following steps are necessary to ensure the orderly resolution of this case: Plaintiff shall have leave to file a second amended complaint on or before 5/27/2014. This second amended complaint will be the operative complaint as to all defendants. The hearing on the pending motion dismiss, currently scheduled for 5/19/2014, is hereby vacated. Upon plaintiff's filing of the second amended complaint, the pending motion to dismiss will be denied as moot. Court Reporter: Not Present. (gk)
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Filing
36
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: On 3/17/2014, Defendant Greenwich Capital Financial Products, Inc. and Greenwich Capital Acceptance, Inc.filed a Motion to Dismiss the Operative Complaint 26 . Plaintiff had until 3/31 /2014 to file his opposition. Plaintiff has not filed any opposition. The Court deems plaintiff's failure to oppose the motion "consent to granting... of the motion." Local Rule 7-12. Accordingly, the Court hereby GRANTS defendants' motion to dismiss, without prejudice. Plaintiff shall have leave to file an amended complaint no later than 5/19/2014. Failure to do so may result in dismissal of this action with prejudice. Court Reporter: Laura Elias. (gk)
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