York, et al v. American Savings Network Inc., et al

Filing 42

ORDER signed by District Judge Kimberly J. Mueller on 3/21/2016 GRANTING 40 Motion to Amend the Complaint; ORDERING that a renewed Motion for Default Judgment be filed within twenty-one days and that the hearing on said motion be noticed before the assigned magistrate judge. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHYLLIS L. YORK, and JAMES B.
CARR,
Plaintiffs,

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ORDER
v.

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No. 2:15-cv-0563-KJM-KJN

AMERICAN SAVINGS BANK
NETWORK, INC., also known as
AMERICAN SAVINGS NETWORK
LLC, et al.,

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Defendants.

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In a previous order, the court denied the plaintiffs’ motion to amend their

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complaint without prejudice to a renewed motion accompanied by a proposed amendment. See

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ECF No. 39. The plaintiffs have now filed a renewed motion and proposed amended complaint.

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See ECF Nos. 40 & 40-1. The court has reviewed the proposed amended complaint and notes the

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plaintiffs’ effort to address concerns the magistrate judge raised in response to their previous

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filings. See, e.g., Order on Default Judgment, ECF No. 35. The court expresses no opinion

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regarding whether their amended complaint adequately addresses those concerns; this question is

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better resolved in a renewed motion for default judgment.

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The motion to amend is GRANTED. This order resolves ECF No. 40. A renewed

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motion for default judgment shall be filed within twenty-one days of the date this order is filed,

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noticing a hearing before the assigned magistrate judge as provided in Local Rule 302(c)(19).

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IT IS SO ORDERED.
DATED: March 21, 2016.

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UNITED STATES DISTRICT JUDGE
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