SCOTT K. ZIMMERMAN, JUDY A. ZIMMERMAN, Plaintiffs, v. AURORA LOAN SERVICES et al., Defendants.

No. C 08-3731 MHP.United States District Court, N.D. California.
October 1, 2008

ORDER Re: Aurora’s Motion to Dismiss Complaint and/or to Strike Punitive Damages Claim
MARILYN PATEL, District Judge

On August 26, 2008, defendant Aurora Loan Services (“Aurora”) submitted a motion to dismiss and/or to strike plaintiffs’ punitive damages claim. The court granted Aurora’s subsequent ex parte application to file the motion prior to the initial case management conference. In its order, the court deemed the motion to dismiss filed as of September 8, 2008, with any opposition due by September 22, 2008, and set a hearing for October 6, 2008. Plaintiffs have neither filed an opposition nor have requested an enlargement of time to do so.

Accordingly, defendant’s motion to dismiss is GRANTED as unopposed. The Clerk of the Court shall close the file.

IT IS SO ORDERED.