UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 8, 2010
NATHAN BROWN AND SHANDRETTE BROWN, PLAINTIFFS,
CARRINGTON MORTGAGE SERVICES, LLC AND DOES 1 TO 20, DEFENDANTS.
The opinion of the court was delivered by: Hon. John A. Mendez
ORDER GRANTING CARRINGTON MORTGAGE SERVICES, LLC'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT, WITH PREJUDICE
Date: November 3, 2010
Time: 9:30 a.m.
Dept.: Courtroom 6, 14th Floor
Defendant CARRINGTON MORTGAGE SERVICES, LLC's (hereinafter, "Carrington") Motion to Dismiss and Motion to Strike portions of the First Amended Complaint filed by Plaintiffs NATHAN BROWN AND SHANDRETTE BROWN ("Plaintiffs") came on regularly for hearing on November 3, 2010, at 9:30 a.m., in Courtroom 6 of the above-entitled Court. Pier P. Caputo appeared via telephone on behalf of Plaintiffs. Feather D. Baron appeared on behalf of Carrington.
The Court, having read and considered the moving and opposing papers, as well as all judicially noticeable facts and the oral argument of counsel, being fully advised, and good cause appearing, ORDERS as follows:
Carrington's Motion to Dismiss is GRANTED. Plaintiffs' First Amended Complaint fails to state any claim upon which relief can be granted as to Carrington. Any attempt by Plaintiffs to amend the First Amended Complaint would be futile. As such, Plaintiffs' First Amended Complaint as against Carrington is hereby dismissed in its entirety, with prejudice and without leave to amend.
IT IS SO ORDERED.
The Honorable John A. Mendez U.S. DISTRICT COURT JUDGE
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