Stein v. Bank of America, N.A., et al.,

Filing 33

ORDER signed by Judge Garland E. Burrell, Jr. on 4/11/2011. Court's 32 Scheduling Order is hereby VACATED and plaintiff's 25 Motion to Amend 21 First Amended Complaint is GRANTED. Plaintiff has 5 days from filed date of this Order in which to file a Proposed Second Amended Complaint. Further Status Conference is SET for 5/23/2011 at 9:00 AM in Courtroom 10 (GEB). Joint Status Report shall be filed no later than 14 days prior to Hearing. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA CHRISTINA STEIN, aka MARY
STEIN,

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Plaintiff,

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v.
BANK OF AMERICA, N.A., successor
by merger to Countrywide Bank,
FSB; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AKA
“MERS”; DOES 1-20 inclusive,
Defendants.
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2:10-cv-02827-GEB-EFB
ORDER VACATING STATUS
(PRETRIAL SCHEDULING) ORDER,
GRANTING PLAINTIFF’S MOTION
TO FILE SECOND AMENDED
COMPLAINT, AND SCHEDULING
FURTHER STATUS (PRETRIAL
SCHEDULING)CONFERENCE*

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Plaintiff moves for leave to file a Second Amended Complaint

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under Federal Rule of Civil Procedure (“Rule”) 15(a)(2), arguing the

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proposed amendment “falls well within the liberal standard for freely

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allowing the amendment of pleadings.” (Mot. 5:13-16.) Defendants oppose

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the motion.

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standard, and in light of the congested caseload of the undersigned

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judge, time will not spent explaining this standard. The evident basis

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for Defendant’s arguments opposing the motion, is the scheduling order,

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the

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Therefore, the scheduling order will be vacated and the motion to amend

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is GRANTED.

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which this order is filed to file the proposed Second Amended Complaint,

Neither party has argued the motion under the good cause

significance

of

which

Therefore,

neither

party

has

shown

understanding.

Plaintiff has five days leave from the date on

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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which is attached to the Declaration of Richard C. Sinclair. (ECF No.

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26, Ex. A.)

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Further,

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Status

(Pretrial

Scheduling)

Conference

is

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scheduled to commence at 9:00 a.m. on May 23, 2011. A joint status

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report shall be filed no later than fourteen (14) days prior to Status

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Conference.

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Dated:

April 11, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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