Dotson, et al., v. Metrociti Mortgage et al
| Tracie Dotson and Lindsey Murphy |
| Metrociti Mortgage, LLC and BAC Home Loans Servicing, LP |
| 2:2010cv03484 |
| December 30, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Kimberly J. Mueller |
| Foreclosure |
| 28 U.S.C. ยง 1444 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
23
ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 12/12/2011. The 12/14/2011 21 Motion to Dismiss Hearing date is VACATED. Plaintiffs are directed to SHOW CAUSE, within 14 days of date of this Order, why action should not be dismissed for failure to prosecute. (Marciel, M)
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Filing
19
ORDER signed by Judge Kimberly J. Mueller on 8/30/11 GRANTING 5 Motion to Dismiss as follows: a. the first cause of action based on misrepresentation and fraud is dismissed with leave to amend; b. the second cause of action based on the presence of cognovit clauses is dismissed without leave to amend;c. the third cause of action seeking an injunction against wrongful foreclosure is dismissed without leave to amend; d. the fourth cause of action to quiet title is dismissed with leave to amend; e. the fifth cause of action based on unfair business practices is dismissed with leave to amend; and f. the sixth cause of action based on civil RICO provisions is dismissed with leave to amend. Any amended complaint must be filed within 21 days of the date of this order. The 10 Amended Complaint filed by Lindsey Murphy is STRICKEN and 13 Order to Show Cause is DISCHARGED. Within twenty-one days of the date of this order, plaintiffs shall show cause why defendant Metrociti should not be dismissed from this action. Failure to respond will result in an order dismissing Metrociti from this action.(Meuleman, A)
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Filing
13
ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 3/21/2011. The 5 Motion to Dismiss Hearing is CONTINUED to 4/27/2011 at 10:00 AM in Courtroom 3 (KJM). Plaintiffs' counsel shall file and serve an Opposition or Notice of Non- Opposition to Motion no later than 3/28/2011. Defendant's Reply, if any, is due 7 days after Opposition is filed. The 2/25/2011 8 Order is VACATED. Counsel to SHOW CAUSE by 3/28/2011 why he should not be sanctioned $150.00 for failure to file responsive pleading to motion. Counsel is also to SHOW CAUSE by 3/28/2011 why this case should not be dismissed for failure to prosecute. A Show Cause Hearing will be held following Motion Hearing. Clerk directed to serve a copy of this OSC and the previous 8 OSC on attorney Gregory Alan Baker at 3720 Inland Empire Boulevard, Suite 100 in Ontario, California 91764. (Marciel, M)
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Filing
8
ORDER and ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 2/25/2011. Defendant's 5 Motion to Dismiss Hearing is CONTINUED to 4/6/2011 at 10:00 AM in Courtroom 3 (KJM). Plaintiffs shall file and serve their Opposition Brief or Notice of Non-Opposition no later than 3/7/2011. Defendant may file and serve Reply on or before 3/14/2011. Plaintiff's counsel is ordered to SHOW CAUSE why he should not be sanctioned $ 150.00 for failure to file responsive pleading to Motion. Clerk directed to serve, by mail, a copy of Order on plaintiff's counsel. (Marciel, M)
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