Kaiser v. Flagstar Bank, FSB, et al.

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/2014 ORDERING 17 Opposition filed by Erich Kaiser is STRICKEN as moot; Clerk shall serve a copy of the 16 Order on plaintiff. (Waggoner, D)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERICH KAISER,

12
13
14
15

No. 2:13-cv-2352 MCE KJN PS
Plaintiff,

v.

ORDER

FLAGSTAR BANK, FSB,
Defendant.

16
17

On February 4, 2014, the court issued an order retroactively granting plaintiff leave to file

18

a first amended complaint, deeming plaintiff’s first amended complaint filed on January 23, 2014

19

(ECF No. 15) as the operative complaint, denying without prejudice as moot defendants’ then-

20

pending motion to dismiss (ECF No. 9), and ordering defendant Flagstar Bank, FSB to respond

21

to plaintiff’s first amended complaint within 28 days of that order. (ECF No. 16.)

22

Subsequently, on February 10, 2014, plaintiff filed an opposition to the former motion to

23

dismiss, requesting that the court deny it as moot based on plaintiff’s filing of the first amended

24

complaint. (ECF No. 17.) It is not clear whether the court’s February 4, 2014 order and

25

plaintiff’s February 10, 2014 opposition merely crossed in the mail, or whether plaintiff did not

26

receive the court’s February 4, 2014 order. Regardless, in light of the court’s February 4, 2014

27

order, plaintiff’s February 10, 2014 opposition is moot and will be stricken on that basis.

28

However, out of abundance of caution, the court will direct the Clerk of Court to again serve a
1

1

copy of the court’s February 4, 2014 order on plaintiff.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1. Plaintiff’s February 10, 2014 opposition (ECF No. 17) is STRICKEN as moot.

4

2. In addition to a copy of this order, the Clerk of Court shall again serve a copy of the

5
6
7

court’s February 4, 2014 order (ECF No. 16) on plaintiff.
IT IS SO ORDERED.
Dated: February 12, 2014

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2