Lucero et al v. Countrywide Bank NA et al
| Raul Lucero and Areli Lucero |
| Countrywide Bank NA, Recontrust Company, NA and DOES |
| 3:2009cv01742 |
| August 11, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barbara Lynn Major |
| Barry Ted Moskowitz |
| Plaintiff |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
22
ORDER Granting 20 Motion to Dismiss. The Court GRANTS Defendants' motion to dismiss [Doc. 20] and DISMISSES every claim except for the breach of fiduciary duty and § 17200 claims against Loan Ex. All Defendants are dismissed except Loan Ex. Plaintiffs have filed three complaints and did not file an opposition to this motion. The Court finds that further amendment would be futile. Defendants Countrywide Bank, NA and Recontrust Company, NA are dismissed from this suit. Plaintiffs have not served Loan Ex and it has not appeared in this action. Plaintiffs filed their Second Amended Complaint, which added Loan Ex as a Defendant on June 10, 2010. Under Federal Rule of Civil Procedure 4(m), Plaintiffs have 120 days from June 10, 2010 to serve Loan Ex. If Plaintiffs do not effectuate service by the deadline, the Court will enter judgment dismissing this case in its entirety. Signed by Judge Barry Ted Moskowitz on 8/31/2010. (jer)
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Filing
18
ORDER granting in part and denying in part 11 Motion to Dismiss Plaintiffs' First Amended Complaint; granting 14 Ex Parte Motion for Leave to File a Late Opposition. Plaintiffs shall have 21 days to file a Second Amended Complaint curing the deficiencies. Signed by Judge Barry Ted Moskowitz on 5/10/2010. (jah)
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