Opinion
CASE NO. CV 11-03287 ODW (OPx).
June 8, 2011
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [8] [Filed 5/13/11] AND VACATING HEARING THEREON
On May 13, 2011, Defendants, American Home Mortgage Servicing, Inc. and Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2007-2 (collectively, "Defendants"), filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 8.) Plaintiffs, Alejandro Castillejos and Nereyda Castillejos (collectively, "Plaintiffs"), failed to timely oppose the Motion, which may be deemed consent to the granting of the Motion. See L.R. 7-9; L.R 7-12. Nevertheless, the Court has considered Defendants' arguments in support, and for the reasons discussed in Defendants' papers, hereby GRANTS the Motion to Dismiss. The June 20, 2011 hearing on this matter is VACATED and no appearances are necessary.
Because Defendants Galileo Financial, LLC and TD Service Company did not join in the instant Motion to Dismiss, all claims against them survive.
Plaintiffs may file an amended complaint within thirty (30) days from the date of this Order. If Plaintiffs fail to do so, the Court will dismiss all claims against Defendants with prejudice.
IT IS SO ORDERED.