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Aman v. Chase Home Mortg.

United States District Court, C.D. California

January 6, 2015

NAGIA KABER AMAN
v.
CHASE HOME MORTGAGE, ET AL

CIVIL MINUTES -- GENERAL

HONORABLE VIRGINIA A. PHILLIPS, UNITED STATES DISTRICT JUDGE.

PROCEEDINGS: MINUTE ORDER: (1) GRANTING MOTION TO DISMISS WITHOUT PREJUDICE; (2) VACATING JANUARY 12, 2015 HEARING (IN CHAMBERS)

The Court has received and considered all papers filed in support of the Motion to Dismiss (" Motion") filed by Defendant JPMorgan Chase Bank, N.A. (erroneously sued as Chase Home Mortgage and Washington Mutual Bank FA) (" Defendant"). Defendant's Motion is appropriate for resolution without a hearing. See Fed.R.Civ.P. 78; L.R. 7-15.

Defendant filed its Motion on December 8, 2014, to be heard on January 12, 2015. Under Local Rule 7-9, a party must file opposition papers no later than 21 days before the date designated for the hearing of the motion. Plaintiff Nagia Kaber Aman (" Plaintiff") is represented by counsel. Plaintiff filed no timely opposition. Under Local Rule 7-12, the Court finds Plaintiff has consented to granting the Motion.

The other defendant named in Plaintiff's Complaint -- MTC Financial Incorporated -- earlier filed an unopposed Declaration of Non-Monetary Status. (See Doc. No. 1 (" Removal") ¶ 7.) It is therefore a nominal party.

Accordingly, the case is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

JUDGMENT

TO ALL PARTIES AN THEIR ATTORNEYS OF RECORD:

Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. The Court orders that such judgment be entered.


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