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Eric S. Kalugin v. Deutsche Bank National Trust Company

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 13, 2013

ERIC S. KALUGIN, PLAINTIFF,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Manuel L. Real

ORDER GRANTING MOTION TO DISMISS AND DISMISSING COMPLAINT; JUDGMENT OF DISMISSAL

On February 4, 2013, the Motions to Dismiss and Motion to Strike Portions of Plaintiff's Complaint of defendants Lender Processing Services, Inc. ("LPS"), Wolters Kluwer Financial Services, Inc. (wrongly sued as VMP Mortgage Solutions, Inc.), CT Corporation System, Deutsche Bank National Trust Company, Deutsche Bank Securities Corporation, Deutsche Bank Berkshire Mortgage, Inc., Deutsche Bank Americas Holding Corp., Deutsche Bank Aktiengesellschaft, Deutsche Bank Insurance Agency, Inc., Mortgage Electronic Registration Systems, Inc., Merscorp Holdings, Inc., Deutsche National Trust Company, as Trustee for Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-7, Harborview Mortgage Loan Trust, Mortgage Loan Pass-Through Certificates, Series 2006-7, American Home Mortgage Servicing, Inc., Homeward Residential, Inc., and KML Law Group, P.C. ("Moving Parties") came on regularly for hearing in Courtroom 8 of this Court.

Plaintiff's Emergency Motion to Stay the Proceedings was also heard and denied. The Court granted the defendants' Motions to Dismiss under FRCP Rule 12(b)(1) and (6). Specifically, the Court noted that plaintiff had failed to timely oppose the Motions and found that plaintiff failed to state a viable claim, providing only conclusory allegations in contravention of the requirements of Bell Atlantic Corp. v. Twombly, (2007) 550 U.S. 544. The Court also found that plaintiff failed to plead with the specificity. The Court further held that it lacked subject matter jurisdiction here as the case concerned Pennsylvania property; it was plaintiff's burden of proof to show jurisdiction and he made no such showing.

The Court denied the Motions to Strike Portions of Plaintiff's Complaint as moot, and dismissed plaintiff's Complaint in its entirety as to all named defendants, and as to all causes of action without leave to amend.

IT IS THEREFORE ORDERED that the Moving Parties' Motions to Dismiss are GRANTED, with prejudice, for reasons as stated on the record. It is further ORDERED that the action is DISMISSED in its entirety as to all named defendants, with prejudice, for the same reasons stated in granting the motions of the Moving Parties. It is further ORDERED that the Motion to Strike by LPS is denied as moot.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that JUDGMENT OF DISMISSAL is entered in favor of all named defendants and against plaintiff Eric Kalugin with prejudice. Defendants are entitled to costs.

IT IS SO ORDERED.

Manuel L. Real, Courtroom 8 Judge, United States District Court

20130213

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