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Laroza v. Bank of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 8, 2010

NATY C. LAROZA, PLAINTIFF,
v.
BANK OF AMERICA, N.A.; SIERRA PACIFIC MORTGAGE; AMERICA'S SERVICING COMPANY; FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, DEFENDANTS.

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

MEMORANDUM AND ORDER

This action arises out of a mortgage loan transaction in which Plaintiff Naty C. Laroza ("Plaintiff") financed her home in 2006. Presently before the Court are Motions by Defendants Bank of America, N.A.; Wells Fargo Bank, N.A doing business as America's Servicing Company; Sierra Pacific Mortgage Company, Inc.; and First American Loanstar Trustee Services ("Defendants") to Dismiss the claims alleged against them in Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff has failed to timely file an opposition.

Pursuant to Local Rule 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 May 27, 2010. Fourteen (14) days prior to the hearing was May 13, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiff, Defendants' Motions to Dismiss (Docket Nos. 7, 8 and 10) are GRANTED with leave to amend.*fn1

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 without leave to amend.

IT IS SO ORDERED.


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