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Santanton v. GMAC Wholesale Mortgage Corp.

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


April 13, 2010

LIBERTO SANTANTON, ET AL., PLAINTIFFS,
v.
GMAC WHOLESALE MORTGAGE CORP., LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT GMAC WHOLESALE MORTGAGE CORP.'S MOTION TO DISMISS (Doc. 11) AND MOTION TO STRIKE (Doc. 13), DISMISSING DEFENDANT GMAC WHOLESALE MORTGAGE CORP. FROM THIS ACTION, AND VACATING ORAL ARGUMENT SET FOR APRIL 19, 2010

Before the Court are the motion to dismiss and motion to strike filed by Defendant GMAC Mortgage Corp., LLC., erroneously sued as GMAC Wholesale Mortgage Corp., LCC. ("GMAC"). Plaintiffs have filed a Request for Dismissal of GMAC, which the Court construes as a Statement of Non-Opposition to these motions. Defendants Indymac Mortgage Obligations, Inc. and Quality Loan Services Corporation have not filed timely oppositions to GMAC's motions.

GMAC's motion to dismiss and motion to strike are GRANTED based on Plaintiffs' deemed Statement of Non-Opposition and GMAC is DISMISSED as a party to this action. Oral argument set for Monday, April 19, 2010 is VACATED.

IT IS SO ORDERED.

20100413

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