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13-2232 - (PS) Menor v. Universal American Mortgage Company of California et al


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13-2232 - (PS) Menor v. Universal American Mortgage Company of California et al
December 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/20/13 ORDERING that Plaintiff's second amended complaint 22 is STRICKEN; Defendants Bank of America, Bank of New York, and Recontrust's motion to dismiss for lack of subject matter jurisdiction 9 is GRANTED, but with leave to amend; Plaintiff's motion to dismiss defendant Recontrust without prejudice 12 is GRANTED; Based on plaintiff's motion 12 and plaintiff's request on the record at the 12/19/13 hearing, the court confirms that defendants Recontrust and Universal American are voluntarily dismissed from the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i); Plaintiff may file a third amended complaint in accordance with this order within 30 days. The third amended complaint shall be clearly captioned "Third Amended Complaint" and shall only name Bank of America and Bank of New York as defendants. Alternatively, plaintiff may file a request for voluntary dismissal of the action without prejudice within 30 days of this order; Failure to file either a third amended complaint or a request for voluntary dismissal of the action by the required deadline will result in a recommendation that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b); Defendants shall file a response to any third amended complaint within 30 days of its filing; In light of the above, defendant Universal American's motion to dismiss 15 is DENIED AS MOOT and the 1/9/14 hearing on that motion is VACATED; This order disposes of docket numbers 9, 12, and 15.(Becknal, R)
January 15, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/15/14 ORDERING that this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Clerk is directed to close this case and vacate all dates. CASE CLOSED (Kastilahn, A)