UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
March 5, 2013
PALMER, JR., ET AL. PLAINTIFF,
DEUTSCHE BANK NATIONAL TRUST COMPANY (DBNTC), ET AL. DEFENDANTS.
The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
On November 15, 2012 Plaintiffs James Wayne Palmer, Jr. and Susan Darlene Palmer (collectively, "Plaintiffs") filed a first amended complaint against Deutsche Bank National Trust Company ("Deutsche Bank"), as Trustee for the Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007-NC3 Mortgage Pass-Through Certificates, Series 2007-NC3 ("Morgan Stanley"), Mortgage Electronic Registration Systems, Inc. ("MERS"), Ocwen Loan Servicing, LLC ("Ocwen"), Regional Trustee Service Corporation ("Regional Trustee"), and New Start Home Loans, Inc. ("New Start") (Doc. No. 25) ("FAC").
On January 16, 2013, the Court dismissed Plaintiffs' claims, without leave to amend, against Deutsche Bank, Morgan Stanley, MERS, Ocwen, and Regional Trustee.
Since then, Plaintiffs have not prosecuted their claims against New Start. On February 21, 2013, this Court issued an Order to Show Cause ("OSC"), no later than March 1, 2013, why the matter should not be dismissed for failure to prosecute as to New Start. (See Doc. No. 37.) Plaintiffs failed to respond. Accordingly, the Court DISMISSES without prejudice Plaintiffs' Complaint.
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