Smith v. GMAC/Affiliates and Subsidires

Filing 43

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/30/09 ORDERING that Defendant's MOTION to DISMISS 12 , 20 is GRANTED. Plaintiff shall file an amended Complaint within thirty days of the hearing. Failure to file an amended Complaint w ill result in a recommendation that this action be dismissed. Defendant's MOTION to Strike 14 , 19 is DENIED as unnecessary. Plaintiff's Motions 28 , 31 and 32 are DENIED pending a resolution of Plaintiff's Amended Complaint and responsive pleading. (Mena-Sanchez, L)

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 UNITED STATES MAGISTRATE JUDGE 26
GGH:076/Smith0648.am.wpd

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SAMUEL SMITH, Plaintiff, vs. GMAC, et al., Defendants. / Previously pending on this court's law and motion calendar for July 30, 2009, were defendant's motion to dismiss and motion to strike, filed June 8, 2009. For the reasons stated on the record at hearing, IT IS ORDERED that: 1. Defendant's motion to dismiss, (dkt. #s 12, 20), is granted. 2. Plaintiff shall file an amended complaint within thirty days of the hearing. Failure to file an amended complaint will result in a recommendation that this action be dismissed. 3. Defendant's motion to strike, (dkt. #s 14, 19), is denied as unnecessary. 4. Plaintiff's motions, (dkt. #s 28, 31, 32), are denied pending a resolution of plaintiff's amended complaint and responsive pleading. DATED: 07/30/09 /s/ Gregory G. Hollows ORDER No. CIV S-09-0648 GEB GGH PS

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