Caruso et al v. FNB Bancorp et al

Filing 26

SUA SPONTE ORDER STRIKING AMENDMENTS TO COMPLAINT FILED WITHOUT LEAVE (whalc1, COURT STAFF) (Filed on 1/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY CARUSO, et al.,

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For the Northern District of California

United States District Court

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No. C 12-05635 WHA

Plaintiffs,
v.

SUA SPONTE ORDER STRIKING
AMENDMENTS TO COMPLAINT
FILED WITHOUT LEAVE

FNB BANCORP, et al.,

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Defendants.
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A prior order granted in part and denied in part defendants’ motion to dismiss and

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granted plaintiffs an opportunity to “seek leave to file an amended complaint by Noon on

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January 10, 2013, as to claims seeking quiet title and relief for violations of TILA/HOEPA”

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(Dkt. No. 21 at 11). The order further mandated that the “proposed amended complaint must be

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appended to the motion and plaintiffs must plead their best case. The motion should clearly

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explain how the amendment[s] to the complaint cure the deficiencies identified [t]herein” (id. at

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11–12 (emphasis added)).

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Plaintiffs violated that order. Rather than file a motion for leave to file a proposed

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amended complaint attached thereto, plaintiffs simply filed their amended complaint (Dkt. No.

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24). Not only does plaintiffs amended complaint plead an amended claim to quiet title, plaintiffs

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— also without leave — have amended their claim for constructive fraud and their prayer for

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relief.

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Accordingly, the following paragraphs of plaintiffs’ amended complaint shall be

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STRICKEN and disregarded: ¶¶ 48–50, 68–79, and ¶ 2 of the prayer for relief. The time for

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amendments has now expired and no further amendments will be permitted.

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Because the instant order restores the status quo ante, defendants’ answer remains due by
JANUARY 30 AT NOON.

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IT IS SO ORDERED.

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Dated: January 16, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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