Sanchez v. GMAC Mortgage, LLC

Filing 27

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 05/26/10 GRANTING with leave to amend 20 Motion to Dismiss ; DENYING 22 Motion to Strike. Amended complaint due within 20 days. (Williams, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action arises out of a mortgage loan transaction in which Plaintiff Joseph Sanchez ("Plaintiff") refinanced his home in November 2004. Presently before the Court is a Motion by v. GMAC Mortgage, LLC, Defendant. ----oo0oo---JOSEPH SANCHEZ, Plaintiff, MEMORANDUM AND ORDER No. 2:09-cv-03341-MCE-JFM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Defendant GMAC Mortgage, LLC ("Defendant") to Dismiss the claims alleged against it in Plaintiff's First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, a Motion for a More Definite Statement under Federal Rule of Civil Procedure 12(e). /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant also filed a Motion to Strike pursuant to Rule 12(f).1 Plaintiff has failed to timely file an opposition. Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for Fourteen (14) days prior to the hearing was No opposition was filed as required. February 25, 2010. February 11, 2010. In light of the fact that no opposition was filed by Plaintiff, Defendant's Motion to Dismiss (Docket No. 20) is GRANTED with leave to amend. Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiff's claims will be dismissed without leave to amend. Defendant's Motion to Strike (Docket No. 9) is DENIED as moot. IT IS SO ORDERED. Dated: May 26, 2010 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. Local Rule 230 (g). 2 1

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