Przybylski v. Stumpf, et al.

Filing 38

ORDER Granting in part and denying in part the Motion to Dismiss of Dfts Michael A Bosco, Jr. and Tiffany & Bosco P.A., and Request for Costs and Attorneys' Fees Pursuant to Arizona Revised Statute § 33-807(E) (Doc. 6). The Motion to Dismis s is granted with leave to seek to amend. The Request for Costs and Attorneys' Fees is denied without prejudice to its renewal pending the Court's ruling on any proposed Amended Compliant. Granting Dfts Keith Maio and National Bank of Arizo na's Motion to Dismiss (Doc. 7) with leave to amend. Granting Dfts Stumpf, Windust, Wells Fargo & Company and Wells Fargo Home Mortgage, a Division of Wells Fargo Bank, N.A.'s Motion to Dismiss (Doc. 12) with leave to amend. Directing Pla t o file with the Court prima facie proof of appropriate service on all Dfts prior to February 7, 2011. Should Pla desire to file a motion for Leave to file an amended complaint, he shall do so no later than February 7, 2011. The proposed amended compl aint shall be attached to the motion for leave to amend. The Court will not permit the filing of any proposed Amended complaint that does not comply with the requirements of this Order. If Pla does not file a motion requesting leave to file an amende d complaint by February 7, 2011, the Clerk of the Court is directed to terminate this matter. The Clerk of the Court is further directed to dismiss this case as to any dft for whom proof of service has not been filed by February 7, 2011. Signed by Judge G Murray Snow on 1/4/11.(KMG)