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Doane v. First Franklin Financial Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 2, 2010

GARDENER JAMES DOANE, PLAINTIFF,
v.
FIRST FRANKLIN FINANCIAL CORPORATION, ET AL., DEFENDANTS.

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

ORDER

This action arises out of a mortgage loan transaction in which Plaintiff Gardener James Doane ("Plaintiff") financed his residence in 2007. Presently before the Court is a Motion by Defendants First Franklin Financial Corporation, Home Loan Services, Inc., Mortgage Electronic Registration Systems, Inc., Merrill Lynch and Co., Inc., Merrill Lynch First Franklin Mortgage Loan Trust 2007-2, and First Franklin Mortgage Trust 2007-2 ("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 Fed. R. Civ. Proc. 12(b)(6).

Defendants concurrently move to Strike pursuant to Fed. R. Civ. Proc. 12(f).

Plaintiff has filed a Statement of Non-Opposition in which he does not oppose dismissal of his claims and expresses desire to amend his Complaint.

Accordingly, in light of Plaintiff's Statement of Non-Opposition, Defendants' Motion to Dismiss (ECF No. 11) is GRANTED with leave to amend. Defendants' Motion to Strike (ECF No. 12) is DENIED as moot.*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 against Defendants will be dismissed without leave to amend.

IT IS SO ORDERED.


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