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Lourim v. American Home Mortgage Servicing Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 9, 2009

PATRICK LOURIM AND DONNA LOURIM PLAINTIFFS,
v.
AMERICAN HOME MORTGAGE SERVICING INC.; AMERICAN HOME MORTGAGE ACCEPTANCE, INC.; AHMSI DEFAULT SERVICE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; AMERICAN BROKERS CONDUIT; TIFFANY ZARI; AND DOES 1-20 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Before the Court is a Motion by Defendants Mortgage Electronic Registration Systems, Inc., American Home Mortgage Servicing, Inc., and AHMSI Default Services ("Defendants") to Dismiss the First Amended Complaint of Plaintiffs Patrick Lourim and Angel Lourim ("Plaintiffs") for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have failed to timely file Opposition to Defendants' Motion.

Pursuant to Local Rule 78-230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for December 3, 2009. Fourteen (14) days prior to the hearing was November 19, 2009. No opposition was filed as required. In light of the fact that no opposition was filed by Plaintiffs, Defendants' Motion to Dismiss*fn1 is GRANTED with leave to amend.

Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20) day period, without further notice, Plaintiff's claims will be dismissed in their entirety without leave to amend.

IT IS SO ORDERED.


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