(PS) Hale et al v. World Savings Bank et al, No. 2:2012cv01462 - Document 16 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 11/6/2012 ADOPTING 15 Findings and Recommendations in full; GRANTING, in part, 6 Motion to Dismiss; DENYING 7 Motion to Strike; DISMISSING, without prejudice, Plaintiffs' State Law Claims; DISMISSING, with leave to amend, Plaintiffs' TILA Claim; ORDERING Plaintiff to file an Amended Complaint within 21 days. (Michel, G).

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(PS) Hale et al v. World Savings Bank et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT H. HALE, et al., 11 12 13 14 Plaintiffs, No. CIV 2:12-cv-1462-GEB-JFM (PS) vs. WORLD SAVINGS BANK, et al., Defendants. ORDER / 15 Plaintiffs, proceeding pro se, filed the above-entitled action. The matter was 16 referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). 17 On October 1, 2012, the magistrate judge filed findings and recommendations 18 herein which were served on plaintiffs and which contained notice to plaintiffs that any 19 objections to the findings and recommendations were to be filed within ten days. Plaintiffs have 20 not filed objections to the findings and recommendations. 21 The court has reviewed the file and finds the findings and recommendations to be 22 supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY 23 ORDERED that: 24 1. The findings and recommendations filed October 1, 2012 are adopted in full; 25 2. Defendants’ June 25, 2012 motion to dismiss is partially granted; 26 1 Dockets.Justia.com 1 3. Defendants’ June 25, 2012 motion to strike is denied; 2 4. Plaintiffs’ state law claims are dismissed without prejudice; and 3 5. Plaintiffs’ complaint is dismissed with leave to amend only their TILA claim 4 as set forth in the magistrate judge’s October 1, 2012 findings and recommendations. Plaintiffs 5 shall file an amended complaint within twenty-one (21) days of the date of this order. 6 Dated: November 6, 2012 7 8 9 GARLAND E. BURRELL, JR. Senior United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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