(PS) Wilkinson v. PHH Mortgage Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH G. WILKINSON, and KELLY No. 2:24-cv-1416 TLN AC PS
G. WILKINSON,
12 Plaintiffs, FINDINGS AND RECOMMENDATIONS v. 14 PHH MORTGAGE CORPORATION and WESTERN PROGRESSIVE LLC,, Defendants. 17 Plaintiffs are proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). This case was commenced on May 17, 2024, and the operative First Amended Complaint was filed on June 6, 2024. ECF Nos. 1, 17. On December 3, 2024, defendants moved to dismiss this case. ECF No. 22. The motion was taken under submission. ECF No. 26. Plaintiffs filed an opposition to the motion, ECF No. 27, and defendants replied, ECF No. 28. For the reasons set forth below, the undersigned recommends defendant’s motion to dismiss (ECF No. 22) be GRANTED and that this case be DISMISSED without leave to amend.
Plaintiffs filed a Second Amended Complaint on September 27, 2024 (ECF No. 17) but this…