Hamilton et al v. US Bank, N.A. et al
| James Gary Hamilton and Beverly E. Hamilton |
| DOES 1-10, Home Sales, Inc., Naiman Law Group, Randall D. Naiman, Chase Home Finance, LLC and US Bank, N.A. |
| 3:2011cv00977 |
| May 5, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B. Brooks |
| Dana M. Sabraw |
| Torts to Land |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
61
ORDER Granting Defendants' Motions To Dismiss (Re Docs. 49 , 50 , 51 ): The motion to dismiss filed by Defendant HomeSales, Inc. is granted. The motion to dismiss filed by Defendant U.S. Bank, N.A. is granted, and its alternative motion for a more definite statement is denied as moot. The motion to dismiss filed by Defendants Randall D. Naiman and Naiman Law Group is granted, and their alterative motions to strike the first amended complaint pursuant to California Code of Civil Procedure Section 425.16, and for a more definite statement are denied as moot. Plaintiffs' claims for violations of 42 U.S.C. Section 1983, Fair Debt Collection Practices Act and Real Estate Settlement Procedures Act are dismissed with prejudice. Plaint iffs' remaining claims are dismissed without prejudice for lack of subject matter jurisdiction. The Clerk is directed to enter judgment consistent with this order. Signed by Judge Dana M. Sabraw on 11/28/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
48
ORDER (1) Denying without prejudice Motion to Dismiss filed by Defendants Randall D. Naiman and Naiman Law Group, PC; and (2) Granting Defendant U.S. Bank N.A.'s Motion to set aside Default re 28 , 39 . Defendants shall file a response to the a mended complaint, if any, within the time provided in Federal Rule of Civil Procedure 15(a)(3). The hearings set for these matters on September 9 and 16, 2011, respectively, are hereby Vacated. Signed by Judge Dana M. Sabraw on 8/23/11. (All non-registered users served via U.S. Mail Service)(lao)
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Filing
42
ORDER (1) Granting Defendant JPMorgan Chase Bank, N.A.'s 3 Motion to Dismiss without prejudice, (2) Denying Plaintiffs' 20 Motion for Default Judgment, and (3) Granting 24 Defendant Home Sales, Inc's Motion to set aside entry of Default. Plaintiffs may file an amended Complaint consistent with this Order on or before August 24, 2011. Defendant Home Sales, Inc. shall file a responsive pleading within the earlier of seven days after Plaintiffs file an amended Complaint or seven days after August 24, 2011. Signed by Judge Dana M. Sabraw on 8/8/11. (All non-registered users served via U.S. Mail Service)(lao)
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