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MacAWILE v. Pro30 FUNDING

No. 2:12-CV-00567-MCE-DAD.

MARIA TERESA G. MACAWILE AND ROBERT H. MACAWILE, Plaintiffs, v. PRO30 FUNDING, et al., Defendants.

United States District Court, E.D. California.

July 13, 2012.

Attorney(s) appearing for the Case

Maria Teresa G. Macawile, Plaintiff, represented by Clifford B. Scherer , Law Offices of Clifford B. Scherer.

Robert H. Macawile, Plaintiff, represented by Clifford B. Scherer , Law Offices of Clifford B. Scherer.

Bank of America, N.A., Defendant, represented by Deborah Anne Goldfarb , Bryan Cave LLP & Joshua White , Bryan Cave LLP.

Mortgage Electronic Registration Systems, Inc., Defendant, represented by Deborah Anne Goldfarb , Bryan Cave LLP & Joshua White , Bryan Cave LLP.

U.S. Bank, N.A., U.S. Bank, N.A., as Trustee, a Successor-in-Interest to certain assets and liabilities of Bank of America, N.A., as Trustee (erroneously sued herein as Bank of America, N.A.), Defendant, represented by Deborah Anne Goldfarb , Bryan Cave LLP & Joshua White , Bryan Cave LLP.

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, Jr., District Judge.

Before the Court is Defendant U.S. Bank N.A., as Trustee, and Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Plaintiffs' Complaint (ECF No. 4) ("MTD").1 For the reasons that follow, Defendants' Motion to Dismiss is GRANTED with leave to amend.

BACKGROUND2

In June 2006, Plaintiffs obtained, from...

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