Woods v. Greenpoint Mortgage Funding, Inc. et al, No. 2:2009cv01810 - Document 79 (E.D. Cal. 2010)

Court Description: ORDER granting 76 Motion to Dismiss by defendant Greenpoint signed by Judge William B. Shubb on 10/25/2010 ORDERING that the Clerk enter final judgment in favor of Greenpoint on plaintiff's claim against Greenpoint. (Waggoner, D)
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Woods v. Greenpoint Mortgage Funding, Inc. et al Doc. 79 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---11 12 SCOTT W. WOODS, NO. CIV. 2:09-1810 WBS KJM Plaintiff, 13 14 15 16 17 18 19 ORDER FOR ENTRY OF JUDGMENT ON PLAINTIFF’S CLAIM AGAINST GREENPOINT v. GREENPOINT MORTGAGE FUNDING, INC.; GMAC MORTGAGE, LLC; AURORA LOAN SERVICES, LLC; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GREENPOINT MORTGAGE FUNDING TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR7; and DOES 1 through 50, inclusive, 20 Defendants. 21 / 22 ----oo0oo---23 Plaintiff Scott W. Woods filed this action against 24 Greenpoint Mortgage Funding, Inc. (“Greenpoint”), GMAC Mortgage, 25 LLC, Aurora Loan Services, LLC, and U.S. Bank National 26 Association as trustee for Greenpoint Mortgage Funding Trust 27 Mortgage Pass-Through Certificates, Series 2006-AR7, alleging 28 1 Dockets.Justia.com 1 various state and federal claims relating to a loan he obtained 2 to refinance his home in Folsom, California. 3 alleged against Greenpoint in the Second Amended Complaint was 4 plaintiff’s claim for violation of the Truth in Lending Act 5 (“TILA”), 15 U.S.C. §§ 1601-1667f. 6 granted Greenpoint’s motion to dismiss that claim, pursuant to 7 Federal Rule of Civil Procedure 12(b)(6) and allowed plaintiff 8 thirty days to file an amended complaint, to the extent plaintiff 9 could do so consistent with the Order. 10 The only claim On July 28, 2010, the court (Docket No. 71.) Plaintiff did not file an amended complaint within the 11 allotted thirty days and still has not done so to this date, over 12 two months later. 13 motion to dismiss the action under Rule 41(b) of the Federal 14 Rules of Civil Procedure. 15 motion. 16 plaintiff does not intend to file an amended complaint against 17 Greenpoint. 18 On September 13, 2010, defendant filed a Plaintiff filed no opposition to that Under the circumstances, the court assumes that IT IS THEREFORE ORDERED that the Clerk of the Court 19 enter final judgment in favor of Greenpoint on plaintiff’s claim 20 against Greenpoint. 21 DATED: October 25, 2010 22 23 24 25 26 27 28 2