Free Proposed Order - District Court of California - California

Case 5:08-cv-02909-HRL

Document 27

Filed 07/25/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The motion of Defendants GRAYSTONE SOLUTIONS, INC. ("GRAYSTONE"), CONSUMER SOLUTIONS REO, LLC ("CONSUMER"), and FIRST AMERICAN TITLE COMPANY ("FIRST AMERICAN") (GRAYSTONE, FIRST AMERICAN and CONSUMER are hereinafter collectively referred to as "Defendants") to dismiss the
1 ____________________________________________________________________________________ PROPOSED ORDER APPROVING DEFENDANTS' MOTION TO DISMISS SECOND-AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) CASE NO. C08-02909-HRL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) Plaintiff, ) ) v. ) ) ALLIANCE BANCORP; GMAC ) MORTGAGE; NCC SERVING, LLC; ) GRAYSTONE SOLUTIONS, INC.; ) EXECUTIVE TRUSTEE SERVICES, ) LLC; CONSUMER SOLUTIONS REO, ) LLC; FIRST AMERICAN TITLE ) COMPANY; SELECT PORTFOLIO ) SERVICING, INC.; HENRY M. ) PAULSON, JR., SECRETARY OF THE ) TREASURY, UNITED STATES; and ) MICHAEL B. MUKASEY, U.S. ) ATTORNEY GENERAL, as ALIEN ) PROPERTY CUSTODIAN, ) ) Defendants. ) _________________________________ )

GILBERTO FERNANDEZ JR.,

CASE NO. C08-02909-HRL [PROPOSED] ORDER APPROVING DEFENDANTS GRAYSTONE SOLUTIONS, INC., CONSUMER SOLUTIONS REO, LLC, AND FIRST AMERICAN TITLE COMPANY'S MOTION TO DISMISS SECONDAMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) Judge: Hon. Howard R. Lloyd Date: October 7, 2008 Time: 10:00 a.m. Room: 2

Case 5:08-cv-02909-HRL

Document 27

Filed 07/25/2008

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within action pursuant to FRCP 12(b)(6) came for hearing on regular notice before the Honorable Howard R. Lloyd. The appearances are as noted by the Court's record. The matter was heard, and the Court having fully considered the same, and it appearing that notice was duly and properly served in accordance with the Federal Rules, and good cause appearing therefor, IT IS ORDERED that the Defendants' Motion to Dismiss Second-Amended Complaint Pursuant to FRCP 12(b)(6) is granted, as to the entire complaint and all claims for relief against Defendants, without leave to amend; or, in the alternative, IT IS ORDERED that the Defendants' Motion for a More Definite Statement is granted, as to the entire complaint and all claims for relief, and Plaintiff is hereby ordered to amend his complaint within ____ days.

Dated:____________

______________________________ Honorable Howard R. Lloyd

H :\1169\0004\Pleadings\M TD (G raystone, C onsumer Sol, FirstA m) F 07'25'08\Proposed Order.w pd

2 ____________________________________________________________________________________ PROPOSED ORDER APPROVING DEFENDANTS' MOTION TO DISMISS SECOND-AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) CASE NO. C08-02909-HRL