Ansanelli et al v. JP Morgan Chase Bank, N.A. et al
ORDER GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT AND DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS by Judge Alsup terminating 101 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 5/13/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
ANGELA ANSANELLI and CHARLES
No. C 10-03892 WHA
JP MORGAN CHASE BANK, N.A., and
SEQUOIA PACIFIC MORTGAGE
ORDER GRANTING LEAVE TO
FILE FOURTH AMENDED
COMPLAINT AND DENYING AS
MOOT DEFENDANT’S MOTION
An order granted in part and denied in part defendant JPMorgan Chase Bank’s motion to
dismiss plaintiffs’ second amended complaint, and granted plaintiffs leave to file a third amended
complaint, curing the identified deficiencies. Plaintiffs did so. Thereafter, JPMorgan Chase Bank
moved to dismiss again, noticing a hearing for June 2. The opposition deadline was yesterday,
May 12, but instead of an opposition, plaintiffs’ counsel filed a stipulation by all parties for leave
to file a fourth amended complaint and a fourth amended complaint. Although plaintiffs did not
submit a proposed order or style their filing as a stipulated request, their implicit request for an
order granting leave to file a fourth amended complaint is GRANTED. As such, defendant’s
motion to dismiss the third amended complaint is DENIED AS MOOT, and the hearing on June 2 is
IT IS SO ORDERED.
Dated: May 13, 2011.
UNITED STATES DISTRICT JUDGE
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