Knapp v. JP Morgan Chase Bank, N.A. et al

Filing 23

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/19/2011. Defendants'11/3/2010 5 Motion to Dismiss, as amended on 3/24/2011 21 Motion to Dismiss, is VACATED as MOOT. Plaintiff's 15 Request to file an Amended Complaint is GRANTED. The proposed Amended Complaint, filed as Exhibit 1 to 15 Opposition, is DEEMED filed as of this date. Defendants shall file and serve a Response w/in 28 days of this Order. (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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FLOYD KNAPP,

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Plaintiff,

CIV. NO. S-10-2889 KJM GGH PS

vs.

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JP MORGAN CHASE BANK, N.A., et al.,

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Defendants.

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ORDER
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Presently before the court is defendants’ motion to dismiss, filed November 3,

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2010, and re-noticed on March 24, 2011. Plaintiff filed an opposition, to which defendants have

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filed a reply.1 Plaintiff also has filed a proposed amended complaint which he has attached to his

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opposition, and for which he seeks leave to amend. (Opp., Ex. 1.) That request will be granted.

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Accordingly, IT IS ORDERED that:

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1. Defendants’ motion to dismiss, filed November 3, 2010, (dkt. # 5), as amended

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on March 24, 2011, (dkt. # 21), is vacated as moot.

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2. Plaintiff’s request to file an amended complaint is granted. The proposed

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amended complaint, filed January 28, 2011, (dkt. # 15, Ex. 1), is deemed filed as of the filed date

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of this order.

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Because oral argument was determined to not be of material assistance, these matters
were submitted on the briefs. E.D. Cal. L.R. 230(g).
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3. Defendants shall file and serve a response to the amended complaint within 28

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days of this order.

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DATED: May 19, 2011

/s/ Gregory G. Hollows

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U. S. MAGISTRATE JUDGE

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GGH:076:Knapp2889.vac2.wpd

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