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Case v. U.S. Bank National Association

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


July 30, 2010

PAUL CASE, AN INDIVIDUAL, PLAINTIFF,
v.
U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; DSL SERVICE COMPANY, AS TRUSTEE FOR U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; FCI LENDER SERVICES, AS AGENT FOR U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION F.A.; OPTION FUNDING INC.; KEITH D. JACOBSON; WILLIAM CARDENAS; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Phillip S. Gutierrez

[PROPOSED] ENTRY OF JUDGMENT OF DISMISSAL

Complaint Filed: April 20, 2010 Trial Date: None Set

NOTE: CHANGES MADE BY THE COURT

Having reviewed the Court's docket and the papers on file in the above-captioned matter, the Court finds the following:

1. On April 20, 2010, Plaintiff Paul Case ("Plaintiff") filed the instant action against Defendants in the California Superior Court for the County of Los Angeles, Superior Court Case Number VC056128.

2. On April 28, 2010, Defendants U.S. BANK NATIONAL ASSOCIATION, Successor in Interest to the Federal Deposit Insurance Corporation as Receiver For Downey Savings and Loan Association, F.A.; DSL SERVICE COMPANY; and FCI LENDER SERVICES, INC. ("Defendants"), removed the case to the Central District of California, Western Division [Document 1].

3. On May 12, 2010, Defendants filed a Motion to Dismiss Plaintiff's Complaint [Document 13].

4. On July 6, 2010, the Court entered an Order granting Defendants' Motion to Dismiss Plaintiff's Complaint with leave to amend [Document 16].

5. The Court's order provided that Plaintiff was required to file an amended complaint by July 27, 2010, and that failure to amend by that date would result in dismissal of those claims with prejudice [id.].

8. Plaintiff failed to file an amended complaint by July 27, 2010.

Accordingly, for the reasons set forth above, IT IS ORDERED, ADJUDGED AND DECREED as follows:

That Defendants U.S. Bank National Association, Successor in Interest to the Federal Deposit Insurance Corporation as Receiver For Downey Savings and Loan Association, F.A.; DSL Service Company; and FCI Lender Services, Inc. have judgment against Plaintiff Paul Case on all claims, that Plaintiff takes nothing by virtue of his complaint, and that this action is hereby dismissed, with prejudice.

20100730

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