Bowler et al v Greentree et al

Filing 18

ORDER signed by Magistrate Judge John F. Moulds on 10/18/2010 ORDERING 6 Defendants' motion to dismiss is DENIED as MOOT; Plaintiff's 12 motion for continuance is DENIED; the hearing on dfts' motion to dismiss scheduled for 11/18/2 010 is VACATED; pltf's 15 motion for leave to amend is GRANTED; and pltf is GRANTED 30 days from the date of service of this order to file an amended complaint that complies with the requirements of the FRCP and the Local Rules of Proctice. (Reader, L)

(PS) Bowler et al v Greentree et al

Doc. 18

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA G JONATHAN BOWLER, et al., vs. Plaintiffs, No. CIV 2:10-cv-2244-GEB-JFM (PS)

GREENTREE SERVICING, LLC, et al., Defendants. / ORDER

On September 10, 2010, defendants filed a motion to dismiss for failure to state a claim. On October 4, 2010, plaintiff filed a motion for continuance. On October 8, 2010, plaintiff filed a motion for leave to amend the complaint, which moots defendants' motion to dismiss. Accordingly, IT IS HEREBY ORDERED that: 1. Defendants' motion to dismiss is denied as moot; 2. Plaintiff's motion for continuance is denied; 3. The hearing on defendants' motion to dismiss scheduled for November 18, 2010 is vacated; 4. Plaintiff's motion for leave to amend is granted; and 5. Plaintiff is granted thirty days from the date of service of this order to file an amended complaint that complies with the requirements of the Federal Rules of Civil Procedure, 1
Dockets.Justia.com

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and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "Amended Complaint"; plaintiff must file an original and two copies of the amended complaint; failure to file an amended complaint in accordance with this order will result in an order dismissing this case. DATED: October 18, 2010.

/014;bowl2244.mtd

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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 26 3 Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA G JONATHAN BOWLER, et al., vs. Plaintiffs, No. CIV 2:10-cv-2244-GEB-JFM (PS)

GREENTREE SERVICING, LLC, et al., Defendants. _________________________________/ NOTICE OF AMENDMENT

Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ DATED: Amended Complaint