Boatright v. Aurora Loan Services, LLC et al

Filing 39

ORDER REGARDING MOTION FOR RECONSIDERATION re 38 . Motions Terminated re: 38 MOTION for Reconsideration Under Rule 59(e) and/or Motion for Reconsideration Under Rule 60(b) of re 37 Order of Dismissal of First Amended Complaint filed by Kenneth Earl Boatright, Jr.. Signed by Judge Elizabeth D. Laporte on 5/8/2012. (kns, COURT STAFF) (Filed on 5/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KENNETH E. BOATRIGHT JR.,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-00009 (EDL)
ORDER REGARDING MOTION FOR
RECONSIDERATION

v.
AUORA LOAN SERVICES,
Defendant.

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On May 7, 2012, Plaintiff filed a motion for reconsideration of this Court’s order dismissing

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his first amended complaint and noticed it for hearing on June 5, 2012. Dkt. No. 38. This motion is

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in violation of Local Rule 7-9, which provides that “[n]o party may notice a motion for

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reconsideration without first obtaining leave of Court to file the motion” and sets forth the proper

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procedure for seeking leave to file a motion for reconsideration. Therefore, Plaintiff’s motion is

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stricken without prejudice to refiling if Plaintiff receives leave of Court after complying with the

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rule. Defendants need not respond to this motion and the hearing noticed for June 5, 2012 is

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vacated. Plaintiff must comply with Local Rule 7-9 and properly seek leave to file a motion for

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reconsideration before the Court will consider any such request.

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IT IS SO ORDERED.

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Dated: May 8, 2012
ELIZABETH D. LAPORTE
United States Magistrate Judge