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Steven L. Wideman v. Bank of America N.A.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 15, 2012

STEVEN L. WIDEMAN,
PLAINTIFF,
v.
BANK OF AMERICA N.A., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING MOTION TO COMPEL AS MOOT (Document 10)

Plaintiff Steven L. Wideman ("Plaintiff") filed the instant fraudulent concealment action on April 6, 2012. The action concerns a mortgage obtained by Plaintiff in 2007 on real property located in Turlock, California, which is currently in the foreclosure process.

On May 4, 2012, Plaintiff filed a motion to compel the Stanislaus County Recorders office to record a notice of lis pendens.

On May 24, 2012, Defendant Bank of America, N.A. ("BOA") filed a motion to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6).

On July 11, 2012, the Court issued an order on BOA's motion to dismiss. The Court concluded that Plaintiff's complaint did not state any viable claims and it failed to establish this Court's subject matter jurisdiction. Therefore, the Court dismissed Plaintiff's complaint with leave to amend due to Plaintiff's failure to properly allege subject matter jurisdiction and denied BOA's motion to dismiss without prejudice as moot. The Court granted Plaintiff leave to file an amended complaint on or by July 26, 2012.*fn1

As there is no cognizable action currently pending before this Court, Plaintiff's motion to compel is DENIED AS MOOT.

IT IS SO ORDERED.


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