Bishara v. U.S. Bank Home Mortgage et al
Filing
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ORDER that Plaintiff's Motion to Supplement Objection to Defendants' Motion to Dismiss 20 is denied. Oral Argument on Defendants' Motion to Dismiss 4 is currently set for 4/30/12 at 11:00 a.m. ORDER that Defendants shall respond to the Motion to Amend by 4/24/12 and Plaintiff shall file a reply in support of his Motion to Amend by 4/27/12. ORDER setting oral argument on Plaintiff's Motion for Leave to Amend Complaint 19 for 4/30/12 at 11:00 a.m.. Signed by Judge James A Teilborg on 4/18/12. (TLJ)
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WO
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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U.S. Bank Home Mortgage; a Corporation;)
MERS; US Bank NA; Does I through X)
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inclusive,
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Defendants.
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Mena Bishara,
No. CV 11-1905-PHX-JAT
ORDER
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Plaintiff has filed a Motion for Leave to Amend Complaint (Doc. 19) and Motion to
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Supplement Objection To Defendants’ Motion to Dismiss (Doc. 20). The Supplemental
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Objection to the Motion to Dismiss is improper for several reasons. First, the Motion to
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Dismiss has been fully briefed since October 24, 2011. Second, the arguments made in the
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Supplement are not properly made at this time as they appear to assert new causes of action
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that were not included in the original Complaint - Plaintiff must wait for the Court to rule on
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his Motion to Amend before proceeding further with new causes of action. Finally, Local
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Rule 7.2 allows for a Motion, a Response, and a Reply. See LRCiv. 7.2. No further
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objections or replies are provided for and it is not the Court’s practice to allow a never-
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ending briefing schedule, especially where a sur-reply is made more than five months after
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briefing has closed.
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Accordingly, IT IS ORDERED that Plaintiff’s Motion to Supplement Objection to
Defendants’ Motion to Dismiss (Doc. 20) is denied.
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Further, oral argument on Defendants’ Motion to Dismiss (Doc. 4) is currently set for
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April 30, 2012 at 11:00 a.m. At that oral argument, the Parties should be also be prepared
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to argue Plaintiff’s Motion to Amend (Doc. 20).
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Accordingly, IT IS ORDERED that Defendants shall respond to the Motion to
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Amend by April 24, 2012 and Plaintiff shall file a reply in support of his Motion to Amend
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by April 27, 2012.
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IT IS FINALLY ORDERED setting oral argument on Plaintiff’s Motion for Leave
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to Amend Complaint (Doc. 19) for 4/30/2012 at 11:00 a.m. in Courtroom 503, 401 West
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Washington Street, Phoenix, AZ 85003 before Judge James A. Teilborg. See Doc. 18 for
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additional details.
DATED this 18th day of April, 2012.
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