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Stone v. Indymac F.S.B.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 15, 2010

JOHN STONE AND DIANNE STONE PLAINTIFFS,
v.
INDYMAC F.S.B.; MTC FINANCIAL DBA TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ABSOLUTION LOAN INC.; KEVIN D. MCGILL; STEVE PETEE; 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

Presently before the Court is a Motion by Defendant Deutsche Bank National Trust Company ("Defendant") to Dismiss the First Amended Complaint of Plaintiffs John Stone and Dianne Stone ("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 Defendant's 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. No opposition was filed as required. In light of the fact that for the second time, no opposition was filed by Plaintiffs to Defendants' Motion to Dismiss*fn1, the motion is GRANTED without leave to amend.

IT IS SO ORDERED.


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