-PMW Warner et al v. Homecoming Financial et al, No. 2:2009cv01049 - Document 14 (D. Utah 2011)

Court Description: MEMORANDUM DECISION and ORDER TO SHOW CAUSE. The court orders Plaintiffs to show cause why the first and fourth causes of action should not be dismissed. In the alternative, Plaintiffs may voluntarily dismiss any of the causes of action. The court no tes that it will consider colorable claims, but admonishes counsel to be aware that frivolous actions will not be permitted in this court. In any event, Plaintiffs are to respond no later than March 17, 2011. The second, third, fifth and sixth causes of action are dismissed with prejudice. The seventh cause of action is dismissed without prejudice as it relates to fees and costs pending the adjudication of the first and fourth causes of action. See Order for details. Signed by Judge Clark Waddoups on 3/7/2011. (jtj)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION JASON J. WARNER AND RACHEL A. WARNER, MEMORANDUM DECISION AND ORDER Plaintiffs, Case No. 2:09-CV-01049-CW v. Judge Clark Waddoups J.P. MORGAN CHASE BANK, et al., Defendants. I. THE FIRST AND FOURTH CAUSES OF ACTION Defendants move to dismiss Plaintiffs first and fourth causes of action challenging foreclosure of the subject property. The court notes that it has recently ruled on similar issues in Marty v. Mortgage Electronic Registration Sys., No. 1:10-CV-033, 2010 U.S. LEXIS 111209 (D. Utah Oct. 19, 2010) and Commonwealth Property Advocates v. Citimortgage, Inc., No. 2:10-CV00885-CW (D. Utah, Jan. 12, 2011). In light of these rulings, the court orders Plaintiffs to show cause why these causes of action should not be dismissed. In the alternative, Plaintiffs may voluntarily dismiss any of the causes of action. The court notes that it will consider colorable claims, but admonishes counsel to be aware that frivolous actions will not be permitted in this court. In any event, Plaintiffs are to respond no later than March 17, 2011. 1 II. THE SECOND, THIRD, FIFTH, SIXTH, AND SEVENTH CAUSES OF ACTION Defendants move to dismiss the second, third, fifth, sixth, and seventh causes of action for failure to state a claim. In response to Defendants motion, Plaintiffs fail to offer any defense. The opposition to these causes of action is therefore deemed conceded and dismissed with prejudice, except for the seventh cause of action which is dismissed without prejudice as it relates to fees and costs pending the adjudication of the first and fourth causes of action. DATED this 7th day of March, 2011. BY THE COURT: ____________________________________ Clark Waddoups United States District Judge 2

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