Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 09/15/11 ORDERING that plf's 62 Motion to Amend the Complaint is DENIED w/o prejudice to refiling. (Benson, A.)
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IN THE 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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Plaintiffs,
No. 2:10-cv-02799 LKK KJN PS
v.
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WELLS FARGO BANK, N.A., INC., et al.
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Defendants.
ORDER
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Plaintiffs Dennly Becker (“Becker”) and the Becker Trust Dated March 25, 1991
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(“Becker Trust”) (collectively, the “plaintiff”1) is proceeding without counsel in this action.2 A
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review of the court’s docket reflects that on August 30, 2011, plaintiff filed a “Motion to Amend
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Complaint.” (Dkt. No. 62). As stated in the Judge Karlton’s minute order of September 1, 2011,
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however, plaintiff defectively noticed that motion. (Dkt. No. 64.) Judge Karlton’s minute order
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of September 1, 2011, also advised plaintiff to “properly re-notice the motion to be heard before
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The undersigned treats Becker and the Becker Trust as a singular plaintiff because, as
discussed in the court’s order dated December 13, 2010 (Dkt. No. 21), Becker is the sole
beneficiary of the Becker Trust.
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This matter was referred to the undersigned pursuant to Eastern District Local Rule
302(c)(21).
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Magistrate Judge Kendall J. Newman.” (Dkt. No. 64.)
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To date, however, plaintiff has not re-noticed his motion before Judge Newman.
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Accordingly, plaintiff’s “Motion to Amend Complaint” (Dkt. No. 62) is hereby denied without
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prejudice to refiling. Should plaintiff choose to re-file his motion, such filing should be in
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accordance with Local Rule 230(b) and (k).
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IT IS SO ORDERED.
DATED: September 15, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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