Esoimeme v. Wells Fargo Bank et al

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/2012 GRANTING 29 Motion for Extension of Time. Amended Complaint due by 2/17/2012. Response due 14 days from the date the Amended Complaint is filed. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATHIAS ESOIMEME,
Plaintiff,

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No. CIV S-10-2259 JAM EFB PS

vs.
WELLS FARGO BANK; NDEX WEST
LLC; WORLD SAVINGS BANK; and
DOES 1-100, inclusive,
Defendants.
___________________________________/

ORDER

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This case, in which plaintiff is proceeding pro se, was referred to the undersigned

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pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 302(c)(21). On

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November 14, 2011, the court dismissed plaintiff’s complaint and granted plaintiff thirty days to

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file an amended complaint. Dckt. No. 26. Then, on December 13, 2011, the court granted

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plaintiff’s motion for an extension of time to file his first amended complaint and gave plaintiff

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until January 16, 2012. Dckt. No. 28. The court admonished plaintiff that “no further extensions

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will be granted absent a showing of substantial cause.” Id.

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On January 12, 2012, plaintiff filed a motion for an additional thirty day extension of

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time to file his amended complaint. Dckt. No. 29. In the motion, plaintiff states that he has

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requested certain loan modification documents that are critical and relevant to his first amended
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complaint, but that he has not yet received them. Id. at 2. Accordingly, plaintiff will be granted

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one final extension of time to file his amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an extension of time to file an amended complaint, Dckt. No.

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29, is granted;
2. Plaintiff has until February 17, 2012 to file an amended complaint, as provided in the
November 14, 2011 order;
3. Failure to timely file an amended complaint in accordance with this order will result
in a recommendation that this action be dismissed; and
4. Defendants shall file a response to plaintiff’s amended complaint within fourteen days

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from the date an amended complaint is filed.

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DATED: January 18, 2012.

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