Kononov v. Expedia Home Loans et al
Filing
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ORDER signed by Judge Morrison C. England, Jr on 02/26/10 ORDERING 8 Motion to Dismiss is GRANTED with leave to amend and 9 Motion to Strike is DENIED AS MOOT. Plaintiff shall file an amended complaint not later than 20 days after the date this order is filed. If no amended complaint is filed within 20 days, plaintiff's claims will be dismissed without leave to amend. (Plummer, M) Modified docket text on 3/8/2010 (Waggoner, D).
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
LISA KONONOV No. 2:10-cv-00099-MCE-EFB Plaintiff, v. EXPEDIA HOME LOANS, MORTGAGEIT, INC., INDYMAC, INC., QUALITY LOAN SERVICES CORPORATION and DOES 1 through 50, inclusive, MEMORANDUM AND ORDER
----oo0oo---This action arises out of a mortgage loan transaction in which Plaintiff Lisa Kononov ("Plaintiff") refinanced her home in February 2006. Presently before the Court is a Motion by
Defendant MortgageIT, Inc. ("Defendant") to Dismiss the claims alleged against it in Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Strike. Defendant also filed a Motion to
Plaintiff has failed to timely file an opposition.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
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. 8) 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: February 26, 2010
_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE
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