Ditto et al v. JPMorgan Chase N.A. et al

Filing 47

ORDER VACATING MEET-AND-CONFER AND HEARING REGARDING DISCOVERY DISPUTE, Motions terminated: 43 MOTION to Compel Responses to Request for Production of Documents and Special Interrogatories filed by California Reconveyance, 46 MOTION to Compel Response to Opposition filed by California Reconveyance. Signed by Judge Alsup on June 3, 2011. (whalc2, COURT STAFF) (Filed on 6/3/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 10-03979 WHA

FRANK DITTO,
Plaintiff,
v.
LONG BEACH MORTGAGE COMPANY
and CALIFORNIA RECONVEYANCE,

ORDER VACATING MEET-ANDCONFER AND HEARING
REGARDING DISCOVERY DISPUTE

Defendants.
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Plaintiff has filed a submission in response to defendant California Reconveyance

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Company’s discovery motion that indicates an intent to dismiss defendant from this action and

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discusses a conversation in which the parties have assertedly resolved their dispute. Defendant

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then filed a submission that states, among other things, “CRC agrees with Plaintiff that the

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discovery dispute has been resolved.”

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Accordingly, the meet-and-confer session and hearing regarding the discovery dispute on
MONDAY, JUNE 6, 2011, are VACATED.
This order shall note, however, that it neither approves nor disapproves of any aspect of

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the parties’ resolution or submissions. In other words, as an example, if plaintiff does not dismiss

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defendant CRC, this order has not approved any stipulation concerning delays in discovery.
Moreover, this order has not blessed any intention by plaintiff to file an amended complaint, to

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which counsel’s submission alludes (Dkt. No. 45 at 2). To seek leave to file an amended

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complaint, plaintiff’s counsel must file a motion for such leave and notice a hearing on the normal

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35-day track. A proposed amended complaint must be appended thereto, and counsel shall

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clearly outline the changes from the currently-operative complaint and explain why leave was not

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sought by the deadline for pleading amendments. In addition, given plaintiff’s counsel’s

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statement that Court approval is required for dismissal of any party, this order shall direct counsel

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to consult FRCP 41, which provides an avenue for voluntary dismissal.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: June 3, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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