Koepsell v. USAA, et al

Filing 15

ORDER signed by Senior Judge Lawrence K. Karlton on 8/17/11: Hearing on defendants' motion to dismiss 9 which is currently set for August 29, 2011, is VACATED. Plaintiff shall file her first amended complaint by August 22, 2011. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA TONI KOEPSELL,
an individual,

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NO. CIV. S-11-1772 LKK/DAD
Plaintiff,

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v.
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O R D E R
USAA aka UNITED SERVICES
AUTOMOBILE ASSOCIATION, a
form of business unknown and
USAA FEDERAL SAVINGS BANK,
a form of business unknown,

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Defendants.
/

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Currently before the court is defendants United Service

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Automobile Association’s (“USAA”)and USAA Federal Savings Bank’s

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motion to dismiss USAA from the above captioned case and to dismiss

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several of plaintiff’s claims against USAA Federal Savings Bank for

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failure to state a claim. This motion is set to be heard on August

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29, 2011. On August 15, 2011, plaintiff filed an opposition to the

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motion in which she expressed her intention to file an amended

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complaint by August 22, 2011. Plaintiff also requested that the
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court deny defendants’ motion to dismiss as moot. The court,

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however, does not find it prudent to deny the motion before

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plaintiff’s amended complaint is filed.

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For the foregoing reasons, the court orders as follows:

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(1)

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Hearing on defendants’ motion to dismiss (Doc. No. 9),
which is currently set for August 29, 2011, is VACATED.

(2)

Plaintiff shall file her first amended complaint by

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August 22, 2011. Failure to file the first amended

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complaint by this date will result in the court granting

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defendants’ motion to dismiss with prejudice.
(3)

The court shall issue a further order disposing of

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defendants’ motion after plaintiff either timely files

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her first amended complaint or fails to timely file the

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amended pleading.

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IT IS SO ORDERED.

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DATED:

August 17, 2011.

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