Mullins et al v. Wells Fargo Bank, N.A.

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/13 ORDERING that the 16 Motion to Amend the Complaint is DENIED as moot; the 16 proposed first amended complaint is deemed filed as the operative first amended complaint; defendant Wells Fargo shall respond within 21 days. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE A. MULLINS &
WORLANDA F. MULLINS,

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Plaintiffs,

No. 2:13-cv-0453 JAM KJN PS

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v.
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WELLS FARGO BANK, N.A.,
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Defendant.
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ORDER
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On May 28, 2013, the court granted defendant Wells Fargo’s motion to dismiss,

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but granted plaintiffs leave to file an amended complaint in accordance with the court’s order

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within 28 days. (ECF No. 15.) Thereafter, on June 25, 2013, plaintiffs filed a motion for leave

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to amend their complaint, attaching a proposed first amended complaint. (ECF Nos. 16, 16-1.)

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However, plaintiffs’ motion is moot, because the court has already granted them leave to file an

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amended complaint, and plaintiffs’ proposed first amended complaint was timely filed.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs’ motion for leave to amend their complaint (ECF No. 16) is DENIED

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AS MOOT.

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The court does not determine, at this juncture, whether the first amended complaint
complies with the court’s prior order and states a claim(s) for which relief may be granted.
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2. Plaintiffs’ proposed first amended complaint (ECF No. 16-1) is deemed filed
as the operative first amended complaint.
3. Defendant Wells Fargo shall respond to plaintiffs’ first amended complaint
within 21 days of this order.
IT IS SO ORDERED.
DATED: July 1, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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