Neumeyer et al v. Alliance Bancorp et al

Northern District of California, cand-4:2015-cv-01789

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{11}} Motion to Dismiss; Denying {{12}} Motion to Strike.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MARY T. NEUMEYER, et al., 7 Case No. 15-cv-01789-HSG Plaintiffs, 8 ORDER GRANTING MOTION TO v. DISMISS; DENYING MOTION TO 9 STRIKE ALLIANCE BANCORP, et al., 10 Re: Dkt. No. 11, 12 Defendants. 11 12 On June 23, 2015, Defendant Mortgage Electronic Registration Systems, Inc. ("MERS") Northern District of California United States District Court 13 filed a Motion to Dismiss the Complaint filed by pro se Plaintiffs Mary and Walter Neumeyer, 14 Dkt. No. 11, and a Motion to Strike Plaintiffs' request for attorneys' fees, Dkt. No. 12. Plaintiffs 15 did not respond to these motions by either the default July 7, 2015 deadline or the August 14, 2015 16 extended deadline as ordered by the Court. Dkt. No. 27. Pursuant to Civil Local Rule 7-1(b), 17 these motions are deemed suitable for disposition without oral argument, and the hearing 18 scheduled for August 20, 2015 is therefore vacated. 19 The Court GRANTS MERS's unopposed Motion to Dismiss, and the Complaint, Dkt. No. 20 1, is DISMISSED WITHOUT PREJUDICE.1 Plaintiffs are granted leave to file a First 21 Amended Complaint by no later than September 11, 2015. Failure to file a First Amended 22 Complaint by that date will result in dismissal of the claims against MERS in this action with 23 prejudice. 24 Plaintiffs are advised that the Legal Help Center at both the San Francisco and Oakland 25 Federal Courthouses provides free information and limited-scope legal advice to pro se litigants in 26 civil cases. Services are provided by appointment only. An appointment may be scheduled by 27 28 1 MERS's Motion to Strike is DENIED as moot. 1 either: (1) signing up in the appointment book located outside the door of the Legal Help Center in 2 San Francisco or Oakland; (2) calling (415) 782-8982. The Court strongly encourages Plaintiffs to 3 take advantage of this resource. 4 IT IS SO ORDERED. 5 Dated: 8/18/2015 6 ______________________________________ HAYWOOD S. GILLIAM, JR. 7 United States District Judge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2