Natividad et al v. Wells Fargo Bank, N.A. et al
Filing
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ORDER RE NOVEMBER 9, 2012 LETTER FROM GLEN L. MOSS re 52 Letter. Signed by Judge Jacqueline Scott Corley on November 26, 2012. CORRECTION OF DOCKET # 53 . (wsn, COURT STAFF) (Filed on 11/26/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GLORIA Q. NATIVIDAD, et al.,
Northern District of California
United States District Court
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Plaintiffs,
Case No.: C12-3646 JSC
ORDER RE NOVEMBER 9, 2012
LETTER FROM GLEN L. MOSS
v.
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WELLS FARGO BANK, N.A., et al.,
Defendants.
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The Court is in receipt of a letter from Glen L. Moss, the purported new counsel for Plaintiffs,
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dated November 9, 2012. (See Dkt. No. 52.) In the letter, Mr. Moss states that on November 9, 2012,
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he contacted Defendants’ counsel regarding a stipulation to allow Plaintiffs to file a Second Amended
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Complaint. Mr. Moss represents that an amended complaint is necessary because Plaintiffs intend to
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eliminate their TILA and RESPA claims, as well as “many of the other claims.” Plaintiffs also wish to
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include new claims in the amended complaint.
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Given that Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint is currently
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scheduled for hearing on December 6, 2012, IT IS HEREBY ORDERED that the parties advise the
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Court by Thursday, November 29, 2012 as to whether they will stipulate to Plaintiffs filing an
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amended complaint.
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The Court also notes that the letter mentions a Substitution of Attorneys form exchanged
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between the parties; however, this supposed form has not been filed with the Court. If Plaintiffs have
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retained new counsel, Plaintiffs and their counsel shall comply with the applicable requirements found
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in Civil L.R. 5-1(c).
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IT IS SO ORDERED.
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_________________________________
Dated: November 26, 2012
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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Northern District of California
United States District Court
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