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Caceres v. HomEq Servicing

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION


April 2, 2009

ROSA N. CACERES PLAINTIFF,
v.
HOMEQ SERVICING AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Manuel Real

ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE

DATE: March 23, 2009

Defendant, Barclays Capital Real Estate, Inc. dba HomEq Servicing erroneously sued herein as HomEq Servicing ("HomEq") filed its Motion to Dismiss pursuant to Rule 41 on February 24, 2009. A hearing on the Motion was originally set for April 6, 2009 in front of the Honorable Howard A. Matz. The case was subsequently transferred to the Honorable Manuel L. Real. The hearing on HomEq's Motion to Dismiss was reset and came before the Court on March 23, 2009, the honorable Manuel L. Real presiding.

Plaintiff, ROSA N. CACERES ("Plaintiff"), failed to file an opposition and did not appear at the hearing on the Motion. Counsel for Defendant also failed to appeared at the hearing. Sara L. Markert of Houser & Allison appeared on behalf of HomEq.

The Court having considered the moving papers, its own file, and with good cause showing, orders as follows:

The Court GRANTS the above-listed motion, without leave to amend, as stated on the record.

The Court FURTHER ORDERS that MW Roth PLC and/or Mitchell Roth, jointly and severally, shall reimburse plaintiff any monies paid to file or pursue this lawsuit.

The Court FURTHER ORDERS that MW Roth PLC and/or Mitchell Roth, jointly and severally, shall pay $5,207.79 to Defendant for all attorney's fees and costs incurred in defending this action.

IT IS SO ORDERED.

HON. MANUEL L. REAL UNITED STATES DISTRICT COURT JUDGE

20090402

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