Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
53
ORDER signed by Senior Judge Lawrence K. Karlton on 4/20/2011 ORDERING the court shall construe pltf's objections 50 as both a motion for reconsideration of the magistrate judge's order 49 and objections to the F & R's; dfts shall file an opposition to pltf's so-construed motion for reconsideration within 14 days of the issuance of this order; pltf may file a reply within 7 days of the issuance of this order; the deadline to file a second amended complaint is VACATED; the court will address deadlines to file amendments, if any, when briefing is complete for both the construed motion for reconsideration and the F & R's.(Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENNLY R. BECKER, THE
BECKER TRUST DATED
MARCH 25, 1991,
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NO. CIV. S-10-2799 LKK/KJN
Plaintiffs,
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v.
O R D E R
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WELLS FARGO BANK, N.A.,
WACHOVIA MORTGAGE
CORPORATION; DOES 1-20,
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Defendants.
/
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Plaintiff Dennly Becker brings numerous claims arising out of
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several real property loans. On March 21, 2011, the magistrate
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judge
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defendants
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Corporation’s motions to dismiss and to strike. Specifically, the
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magistrate judge ordered that certain of plaintiff’s claims be
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dismissed with leave to amend and recommended that certain other
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claims be dismissed with prejudice. The order and findings and
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recommendations contained standard language at its conclusion
issued
an
Wells
order
Fargo
and
findings
Bank,
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N.A.
and
and
recommendations
Wachovia
on
Mortgage
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concerning deadlines for filing objections to the findings and
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recommendations. The magistrate judge further ordered plaintiff to
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file an amended complaint within thirty (30) days. On March 30,
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2011, plaintiff filed a document titled “Plaintiff’s Objection to
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Magistrates [sic] Judge’s Findings and Recommendations,” in which
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he expressed his opposition to both the magistrate judge’s order
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and his findings and recommendations.
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For the foregoing reasons, the court ORDERS as follows:
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(1)
In the interests of justice, the court shall construe
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plaintiff’s objections (Doc. No. 50) as both a motion
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for reconsideration of the magistrate judge’s order
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(Doc.
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recommendations
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available
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/DOCUMENTS/localRules/EDCA%20Local%20Rules%20Effective
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%202.8.11.pdf.
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(2)
No.
49)
at
and
objections
(Doc.
No.
49).
to
the
See
findings
L.R.
303,
and
304
http://www.caed.uscourts.gov/caed
Defendants shall file an opposition to plaintiff’s so-
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construed motion for reconsideration within fourteen
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(14) days of the issuance of this order. Plaintiff may
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file a reply within (7) days of the issuance of this
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order.1
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(3)
The deadline to file a second amended complaint is
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This briefing schedule shall only apply to plaintiff’s
arguments concerning the magistrate judge’s order, and not his
findings and recommendations. Defendants have already filed a
response to the findings and recommendations in which they
explained that the magistrate judge reached the proper conclusions.
(Doc. No. 51)
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VACATED.
The
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amendments, if any, when briefing is complete for both
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the
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findings and recommendations.
construed
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DATED:
will
motion
IT IS SO ORDERED.
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court
April 20,2011.
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address
for
deadlines
reconsideration
to
and
file
the
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