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Ruiz v. National City Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 30, 2009

ENRIQUE RUIZ, PLAINTIFF,
v.
NATIONAL CITY BANK; JP MORGAN CHASE BANK, N.A. AS SUCCESSOR BY MERGER TO WASHINGTON MUTUAL BANK; LENDER DOE 1; AND LENDER DOE 2, DEFENDANTS.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

This matter comes before the Court on Defendant National City Bank's ("Defendant's") Motion to Dismiss Plaintiff Enrique Ruiz's ("Plaintiff's") Complaint, for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(6) and Defendant's Motion to Strike. Plaintiff did not file a timely opposition to these motions.*fn1 After carefully considering the papers submitted in this matter, it is hereby ordered that the Motion to Dismiss pursuant to Rule 12(b)(6) and the Motion to Strike are GRANTED WITHOUT PREJUDICE.*fn2 Plaintiff shall file and serve his Amended Complaint within twenty(20) days of the date of this Order.

IT IS SO ORDERED.


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