Huxtable et al v. Geithner et al
| Lynne Huxtable and Jeffrey A Agnew |
| Timothy F. Geithner, United States Department of the Treasury, The Federal Housing Finance Agency, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, National City Corporation, National City Bank, National City Mortgage, PNC Financial Services Group, Inc and Cal-Western Reconveyance Corporation |
| 3:2009cv01846 |
| August 25, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barry Ted Moskowitz |
| Nita L. Stormes |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
64
ORDER Re 55 Motion to Dismiss or for Summary Judgment. The Court GRANTS Defendant Geithner's motion to dismiss or, in the alternative, for summary judgment [Doc. 55]. The legal conclusions in this order apply equally to Plaintiffs' claims against the remaining Defendants, which are also based on the existence of a constitutionally protected property interest. In the absence of such an interest, all of Plaintiffs' claims fail. The Court therefore enters summary judgment in favor of all Defendants. The Clerk shall enter judgment accordingly. The previously entered stay and injunction on any foreclosure sale is VACATED. Signed by Judge Barry Ted Moskowitz on 9/2/2010. (jer)
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