stern et al v. Wells Fargo Bank NA et al

Filing 38

ORDER granting pla's 31 Motion for leave to file a 2nd amended complaint. The Clerk is directed to file the lodged proposed 2nd amended complaint 32 . The response and reply to the motion for judgment on the pleadings 33 shall address the allegations contained in the 2nd amended. Signed by Judge David G Campbell on 11/30/2009.(LAD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Barry L. Stern, M.D. and Judy Stern, husband and wife; and Barry L. Stern as trustee for the Urology Clinic Ltd Profit Sharing Plan, dated April 8, 1991, Plaintiffs, vs. Charles Schwab & Co., Inc., a foreign corporation; and Wells Fargo Bank, N.A., a foreign corporation, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV-09-1229-PHX-DGC ORDER

Plaintiffs have filed a motion for leave to file a second amended complaint. Dkt. #31. The motion is unopposed. Dkt. ##33 at 1 n.1, 36 at 6. The Court will grant the motion. See Fed. R. Civ. P. 15(a)(2). IT IS ORDERED: 1. Plaintiffs' motion for leave to file a second amended complaint (Dkt. #31) is granted. 2. The Clerk is directed to file the lodged proposed second amended complaint (Dkt. #32). 3. The response and reply to the motion for judgment on the pleadings (Dkt. #33) shall address the allegations contained in the second amended. DATED this 30th day of November, 2009.