Miller v. Select Portfolio Servicing Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT MILLER, JUNE MILLER, No. 2:18-cv-002889-KJM-AC Plaintiffs, v. ORDER SELECT PORTFOLIO SERVICING, INC., et al., 15 Defendants.

17 Defendants Select Portfolio Servicing, Inc. and DLJ Mortgage Capital, Inc. move under Federal Rule of Civil Procedure 12(b)(6) to dismiss plaintiffs Robert and June Miller’s second amended complaint (“SAC” or “complaint”). Mot., ECF No. 25. Plaintiffs have not opposed the motion; however, the parties’ meet and confer efforts indicate that plaintiffs apparently did not concede the merits of defendants’ motion before its filing. See Joint Status Report, ECF No. 28, at 3 (“Despite their discussion, the parties could not come to an agreement narrowing any of the issues raised in Defendants’ Motion to Dismiss the SAC.”). The court submitted the matter without hearing, ECF No. 32, and reaches the merits of the motion here. For the reasons set forth below, defendants’ motion to dismiss is GRANTED without leave…