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

Filing 63

ORDER RE NOTICE OF SUBSTITUTION OF COUNSEL AND NOVEMBER 9, 2012 LETTER FROM GLEN L. MOSS re 56 Notice of Substitution of Counsel. Signed by Judge Jacqueline Scott Corley on November 30, 2012. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 11/30/2012)

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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,
v.

Case No.: C12-3646 JSC
ORDER RE NOTICE OF SUBSTITUTION
OF COUNSEL AND NOVEMBER 9, 2012
LETTER FROM GLEN L. MOSS

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WELLS FARGO BANK, N.A., et al.,
Defendants.

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On November 27, 2012, Plaintiffs’ purported new counsel filed a document entitled “Notice of

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Substitution of Counsel Felicisimo M. Natividad and Gloria Nativadad substitute Glen L Moss &

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Moss & Murphy in place of September Katje and his firm.” (Dkt. No. 27.) This document, however,

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is simply a caption page; it appears to be missing the second page. Accordingly, it does not comply

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with the local rules for replacement of one firm by another as counsel for a party. Civil L.R. 5-

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1(c)(2)(E) provides that such replacement “is governed by Civil L.R. 11-5 and requires an order of the

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Court.” Plaintiffs’ purported new counsel is ordered to file, by Monday, December 3, 2012 at 5 p.m.,

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a proper notice of substitution of counsel that includes a signature line for the Court.

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Additionally, Mr. Moss has represented to the Court that Plaintiffs intend to withdraw their

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TILA and RESPA claims, as well as “many of the other claims,” pleaded in the First Amended

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Complaint. (See Dkt. No. 52.) Given that a hearing on Defendants’ Motions to Dismiss the First

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Amended Complaint is currently scheduled for December 6, 2012, the Court orders that Plaintiffs, by

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Monday, December 3, 2012 at 5 p.m., inform the Court which claims in their First Amended

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Complaint they still assert.

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IT IS SO ORDERED.

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_________________________________

Dated: November 30, 2012

JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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