Mary Amaral, et al v. Wachovia Mortgage Corporation et al

Filing 72

ORDER DENYING, without prejudice, defendants' Motion to Dismiss, document 65 , and GRANTING plaintiffs' Motion for Extension of Time to File an Amended Complaint, document 62 ; amended complaint due by 8/23/2010; (hearing on Motion to Dismiss currently noticed for 10/4/2010 is VACATED); order signed by Judge Oliver W. Wanger on 8/4/2010. (Rooney, M)

Mary Amaral, et al v. Wachovia Mortgage Corporation et al

Doc. 72

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 Plaintiffs' request (Doc. 62), filed on July 21, 2010, for a 18 thirty (30) day extension of time to file a First Amended 19 Complaint as ordered in the Memorandum Decision and Order (Doc. 20 60) filed on July 2, 2010 is GRANTED. 21 First Amended Complaint in compliance with the July 2, 2010 22 Memorandum Decision and Order on or before Monday, August 23, 23 2010. 24 Plaintiffs', if proceeding in pro per, or to new counsel, if 25 counsel is retained. 26 1 Failure to timely comply with this Order No further extensions of time will be granted to Plaintiffs shall file a WACHOVIA MORTGAGE CORPORATION, et al., vs. Plaintiffs, MARY AMARAL, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-09-937 OWW/GSA ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME (Doc. 62) AND DENYING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE (Doc. 65) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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will result in the dismissal of this action.1 Defendants' motion to dismiss pursuant to Rule 41(b), Federal Rules of Civil Procedure, filed on July 27, 2010 (Doc. 65) and noticed for hearing on October 4, 2010 is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. Dated: 668554 August 4, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

If Plaintiffs are unable to retain new counsel and elect to proceed in pro per, Plaintiffs are advised that Rule 183, Local Rules of Practice, provides: Any individual who is representing himself or herself without an attorney must appear personally or by courtesy appearance by an attorney admitted to the Bar of this Court and may not delegate that duty to any other individual, including husband or wife, or any other party on the same side appearing without an attorney. Any individual representing himself or herself without an attorney is bound by the Federal Rules of Civil or Criminal Procedure, these Rules, and all other applicable law. All obligations placed on 'counsel' by these Rules apply to individuals appearing in propria persona. 2

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