Giannini v. American Home Mortgage Servicing Inc.

Filing 16

ORDER VACATING HEARING AND DENYING SANCTIONS re 8 MOTION to Dismiss Plaintiff's Complaint Or, In the Alternative, For A More Definite Statement; Memorandum of Points and Authorities in Support filed by American Home Mortgage Servicing I nc., 13 Request for Judicial Notice, filed by American Home Mortgage Servicing Inc., 9 Request for Judicial Notice, filed by American Home Mortgage Servicing Inc., 12 MOTION for Sanctions Against Plaintiff's Counsel filed by American Home Mortgage Servicing Inc. (tehlc2, COURT STAFF) (Filed on 10/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LEONARD J. GIANNINI,

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Plaintiff,
v.
AMERICAN HOME MORTGAGE
SERVICING, INC. AND DOES 1-10,
inclusive,

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ORDER VACATING HEARING
AND DENYING SANCTIONS

Defendants.

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For the Northern District of California

United States District Court

NO. C11-04489 TEH

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On October 3, 2011, Defendant American Home Mortgage Servicing (AMHS) filed a

13 motion to dismiss the complaint, or, in the alternative, for a more definite statement, as well
14 as a request for judicial notice of documents in support of the motion. On October 17, 2011,
15 AMHS filed a further motion for monetary sanctions against Plaintiff’s counsel, Joel M.
16 Feinstein, in the amount of $10,898.50. All motions were to be heard on November 14, 2011.
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On October 17, Plaintiff Leonard Giannini filed a First Amended Complaint. In light

18 of the filing of an amended complaint, the pending motions to dismiss and for a more definite
19 statement and the accompanying request for judicial notice are DENIED AS MOOT, though
20 the Defendants may, of course, file renewed motions regarding the amended complaint. The
21 November 14 hearing date is VACATED.
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The motion for monetary sanctions in the amount of $10,898.50 is DENIED.

23 Accordingly, the hearing date of December 5th, 2011, for that motion is VACATED.
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25 IT IS SO ORDERED.
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27 Dated: 10/24/2011
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT