Pinzon et al v. Bank of America N.A. et al

Filing 36

ORDER Setting Deadline for Opposition to 35 MOTION to Dismiss filed by JPMorgan Chase Bank N.A (tehlc4, COURT STAFF) (Filed on 6/16/2010)

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1 2 3 4 5 6 7 8 9 10 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROMEO and BELEN PINZON, Plaintiffs, BANK OF AMERICA, N.A., et al., Defendants. NO. C10-00328 TEH ORDER SETTING DEADLINE FOR OPPOSITION TO MOTION TO DISMISS The Court is in receipt of the second motion to dismiss filed by Defendant J.P. United States District Court 11 Morgan Chase Bank, N.A. ("JPMorgan") on June 14, 2010, and noticed for hearing on July For the Northern District of California 12 26, 2010. This action was dismissed without prejudice in an order dated May 4, 2010, after 13 counsel for Plaintiffs Romeo and Belen Pinzon ("Plaintiffs") conceded that their complaint 14 was insufficient to withstand motions to dismiss filed by JPMorgan and Defendants CTX 15 Mortgage Company, LLC and Centex Homes. The Court had granted Plaintiffs until June 3, 16 2010, to file an amended complaint. Plaintiffs failed to do so by that deadline, and Plaintiffs' 17 counsel never responded to a phone message left by the courtroom deputy on June 4, 2010. 18 To date, Plaintiffs have not filed an amended complaint. 19 In its second motion to dismiss, JPMorgan asks this Court to dismiss this action with 20 prejudice based on Plaintiffs' failure to file an amended complaint. IT IS HEREBY 21 ORDERED THAT Plaintiffs' opposition or statement of non-opposition to the motion shall 22 be filed no later than Monday, June 28, 2010. If no opposition is filed by that date, this 23 matter shall be dismissed with prejudice. 24 25 IT IS SO ORDERED. 26 27 Dated: 6/15/10 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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