Holmes, et al v. Morgan Stanley, et al
William G. Holmes |
Morgan Stanley, Wilmington Finance, Inc., American International Group, Inc., Master Financial, Inc., Deutsche Bank National Trust Company, Fair Home Lending Financial, Inc., Principal Mortgage Fund, Inc., Saxon Mortgage Services, Inc., T.D. Service Company, T.D. Service Financial Corporation, Southland Title and DOES |
3:2009cv01413 |
June 29, 2009 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Nita L. Stormes |
Larry Alan Burns |
Plaintiff |
15 U.S.C. ยง 1601 Truth in Lending |
Plaintiff |
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Document Text |
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Filing 24 ORDER granting in part 18 Motion to Dismiss; and Order granting 12 Motion to expunge Notice of Lis Pendens. Because the First Amended Complaint does not sufficiently state a claim, it is Dismissed without Prejudice. The requests for judicial not ice are Denied as Moot. The request for Attorney's fees is Denied without prejudice. Plaintiff's Notice of Pendency of Action is hereby Expunged. If Plaintiff wishes to file a second amended complaint, he shall first seek leave to do so by ex parte motion, attaching his proposed second amended complaint as an exhibit. The ex parte application must be filed within 28 calendar days from the date this order is entered in the docket, and any opposition will be due 14 calendar days after th e filing of the application. No reply is requested. If the proposed second amended complaint names Master Financial as a defendant, Plaintiff must also concurrently file proof of service on Master Financial, or shall show good cause for failure to serve as provided in Fed. R. Civ. P. 4(m). Signed by Judge Larry Alan Burns on 9/21/10. (lao) |
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