Sanchez v. Aviva Life and Annuity Company et al

Filing 79

ORDER signed by Judge Frank C. Damrell, Jr on 12/22/2009 ORDERING Pltf's Second Amended Complaint no longer need be filed on or before 12/21/2009; On or before 1/15/2010, Pltf will file and serve a Motion to Dismiss Class Allegations and for Lea ve to File an Amended Complaint (the Motion) which shall be set for hearing on 3/26/2010 or the first available date thereafter if such hearing date is no longer available; and Pltf shall file and serve his Second Amended Complaint 10 days after the Court issues its ruling on the Motion and in accordance with the terms and provisions of such ruling.(Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No. 2:09-CV-01454-FCD-DAD ORDER TO CONTINUE DATE TO FILE AND SERVE PLAINTIFF'S SECOND AMENDED COMPLAINT AND TO FILE A MOTION TO DISMISS CLASS ALLEGATIONS AND FOR LEAVE TO FILE AN AMENDED COMPLAINT

14 ERNEST P. SANCHEZ, individually and on behalf of all others similarly situated, 15 Plaintiff, 16 v. 17 AVIVA LIFE AND ANNUITY COMPANY, a foreign entity of unknown origin; LOOMIS 18 WEALTH SOLUTIONS, INC., an Illinois corporation; LAWRENCE LELAND LOOMIS, 19 an individual; NARAS SECURED FUND #2, LLC, a Delaware limited liability company; 20 LISMAR FINANCIAL SERVICES LLC, a Delaware limited liability company; 21 NATIONWIDE LENDING GROUP, an entity of unknown origin; and DOES 1 22 through 1000, inclusive, 23 Defendants. 24 25 26 27 28

2:09-CV-01454-FCD-DAD

1 2

ORDER Based upon the stipulation filed by and between Plaintiff Ernest P. Sanchez

3 ("Plaintiff") and Defendant Aviva Life And Annuity Company ("Aviva") and good cause 4 appearing it is hereby ordered as follows: 5 1) Plaintiff's Second Amended Complaint no longer need be filed on or before

6 December 21, 2009; 7 2) On or before January 15, 2010, Plaintiff will file and serve a Motion to Dismiss

8 Class Allegations and for Leave to File an Amended Complaint (the "Motion") which 9 shall be set for hearing on March 26, 2010 or the first available date thereafter if such 10 hearing date is no longer available; and 11 3) Plaintiff shall file and serve his Second Amended Complaint 10 days after the

12 Court issues its ruling on the Motion and in accordance with the terms and provisions of 13 such ruling. 14 15 IT IS SO ORDERED. 16 17 Dated: December 22, 2009 18 19 20 21 22 23 24 25 26 27 28 MAJORS & FOX LLP
Pacific Western Bank Bldg. 401 West "A" St., Ste. 2350 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone]

__________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

-22:09-CV-01454-FCD-DAD