Natividad et al v. Wells Fargo Bank, N.A. et al

Filing 54

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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