Bishara v. U.S. Bank Home Mortgage et al

Filing 21

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)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14
15

)
)
)
Plaintiff,
)
)
vs.
)
)
U.S. Bank Home Mortgage; a Corporation;)
MERS; US Bank NA; Does I through X)
)
inclusive,
)
)
Defendants.
)
Mena Bishara,

No. CV 11-1905-PHX-JAT
ORDER

16

Plaintiff has filed a Motion for Leave to Amend Complaint (Doc. 19) and Motion to

17

Supplement Objection To Defendants’ Motion to Dismiss (Doc. 20). The Supplemental

18

Objection to the Motion to Dismiss is improper for several reasons. First, the Motion to

19

Dismiss has been fully briefed since October 24, 2011. Second, the arguments made in the

20

Supplement are not properly made at this time as they appear to assert new causes of action

21

that were not included in the original Complaint - Plaintiff must wait for the Court to rule on

22

his Motion to Amend before proceeding further with new causes of action. Finally, Local

23

Rule 7.2 allows for a Motion, a Response, and a Reply. See LRCiv. 7.2. No further

24

objections or replies are provided for and it is not the Court’s practice to allow a never-

25

ending briefing schedule, especially where a sur-reply is made more than five months after

26

briefing has closed.

27
28

Accordingly, IT IS ORDERED that Plaintiff’s Motion to Supplement Objection to
Defendants’ Motion to Dismiss (Doc. 20) is denied.

1

Further, oral argument on Defendants’ Motion to Dismiss (Doc. 4) is currently set for

2

April 30, 2012 at 11:00 a.m. At that oral argument, the Parties should be also be prepared

3

to argue Plaintiff’s Motion to Amend (Doc. 20).

4

Accordingly, IT IS ORDERED that Defendants shall respond to the Motion to

5

Amend by April 24, 2012 and Plaintiff shall file a reply in support of his Motion to Amend

6

by April 27, 2012.

7

IT IS FINALLY ORDERED setting oral argument on Plaintiff’s Motion for Leave

8

to Amend Complaint (Doc. 19) for 4/30/2012 at 11:00 a.m. in Courtroom 503, 401 West

9

Washington Street, Phoenix, AZ 85003 before Judge James A. Teilborg. See Doc. 18 for

10
11

additional details.
DATED this 18th day of April, 2012.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-