Teaupa et al v. U.S. Bank National Association et al
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|Date Filed||#||Document Text|
|December 22, 2011
ORDER (1) GRANTING DEFENDANT U.S. NATIONAL BANK, N.A.'S MOTION FOR JUDGMENT ON THE PLEADINGS; (2) DENYING PLAINTIFFS' "MOTION TO EXTEND SETTLEMENT CONFERENCE AND TO AMEND COMPLAINT" AND (3) REQUIRING PLAINTIFFS TO SHOW CAUSE WHY A CTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE AS TO NON-SERVED DEFENDANTS 19 ; 23 - Signed by JUDGE J. MICHAEL SEABRIGHT on 12/22/11. ("The Second Amended Complaint is DISMISSED without leave to amend as to claims against U.S. Bank. This dismissal also applies to the other Defendants (who have not appeared), with two exceptions -- (1) Count IV for damages under TILA is only dismissed as to U.S. Bank because the dismissal is based solely on an affirmative defense that a De fendant must raise on its own behalf, and (2) Count V is dismissed, but the dismissal as to a claim under 12 U.S.C. § 2605 is with leave to amend as to Infinity and BNC. Nevertheless, by January 16, 2012, Plaintiffs must SHOW CAUSE why this act ion should not otherwise be dismissed without prejudice as to Infinity, BNC, and MERS for failure to serve the Second Amended Complaint. Plaintiffs must address this apparent failure before they will be allowed to proceed at all against those Defenda nts. If Plaintiffs do not show cause by January 16, 2012, the remaining aspects of the action will be dismissed without prejudice.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electr onic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications shall be served by first class mail on December 23, 2011.
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