Ansanelli et al v. JP Morgan Chase Bank, N.A. et al

Filing 107

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)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

12
13

ANGELA ANSANELLI and CHARLES
ANSANELLI,

No. C 10-03892 WHA

Plaintiffs,
v.

14

JP MORGAN CHASE BANK, N.A., and
SEQUOIA PACIFIC MORTGAGE
COMPANY, INC.,

15

ORDER GRANTING LEAVE TO
FILE FOURTH AMENDED
COMPLAINT AND DENYING AS
MOOT DEFENDANT’S MOTION
TO DISMISS

Defendants.
/

16
17

An order granted in part and denied in part defendant JPMorgan Chase Bank’s motion to

18

dismiss plaintiffs’ second amended complaint, and granted plaintiffs leave to file a third amended

19

complaint, curing the identified deficiencies. Plaintiffs did so. Thereafter, JPMorgan Chase Bank

20

moved to dismiss again, noticing a hearing for June 2. The opposition deadline was yesterday,

21

May 12, but instead of an opposition, plaintiffs’ counsel filed a stipulation by all parties for leave

22

to file a fourth amended complaint and a fourth amended complaint. Although plaintiffs did not

23

submit a proposed order or style their filing as a stipulated request, their implicit request for an

24

order granting leave to file a fourth amended complaint is GRANTED. As such, defendant’s

25

motion to dismiss the third amended complaint is DENIED AS MOOT, and the hearing on June 2 is

26

VACATED.

27
28

IT IS SO ORDERED.
Dated: May 13, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE