Jimenez v. Homecomings Financial LLC

Filing 32

ORDER by Judge Maria-Elena James denying 30 Motion to Amend/Correct ; (mejlc1, COURT STAFF) (Filed on 5/20/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 20, 2009 MARIA-ELENA JAMES United States Magistrate Judge On May 15, 2009, Plaintiff filed a Motion to Amend her complaint. (Dkt. #30.) However, Plaintiff has now attempted to amend her complaint three times in fewer than ten weeks, and Defendant's second motion to dismiss is currently pending. (Dkt. #17.) While the Court must afford great latitude to pro se plaintiffs, it seems unfair to not allow Defendant's motion to be heard, given the likelihood that Defendant would file a third motion to dismiss in response to Plaintiff's latest amendment. Accordingly, the Court hereby DENIES WITHOUT PREJUDICE Plaintiff's motion to amend. However, the parties shall be prepared to address Plaintiff's amended complaint at the June 11 hearing on Defendant's motion to dismiss. IT IS SO ORDERED. vs. HOMECOMINGS FINANCIAL LLC, Defendant(s). / MARIA JIMENEZ, Plaintiff(s), No. C 09-0146 MEJ ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO AMEND COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MARIA C. JIMENEZ, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-00146 MEJ CERTIFICATE OF SERVICE

HOMECOMINGS FINANCIAL et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 20, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Maria Jimenez 5176 Grass Valley Way Antioch, CA 94531 Dated: May 20, 2009 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

2