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

Filing 23

ORDER SETTING BRIEFING SCHEDULE AND VACATING HEARING [re 22 Amended Complaint filed by Ricky Pitre, Lorraine Pitre]. Signed by Judge William Alsup on 2/11/2013. (whasec, COURT STAFF) (Filed on 2/11/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 RICKY PITRE AND LORRAINE PITRE, 11 For the Northern District of California United States District Court 10 12 13 Plaintiffs, No. C 12-06419 WHA v. 14 WELLS FARGO BANK, N.A., ASC (AMERICA’S SERVICING COMPANY), and NDEX WEST, LLC, 15 Defendants. 16 17 ORDER SETTING BRIEFING SCHEDULE AND VACATING HEARING / Defendant Wells Fargo timely filed a motion to dismiss on January 10, 2013. The case 18 was reassigned to the undersigned on January 16. Defendant could have re-noticed the motion at 19 that time, but instead withdrew its motion and filed an amended motion to dismiss on January 22. 20 Plaintiff’s opposition to this amended motion was due February 8. Civ. Local Rule 7-3(a). 21 Instead, plaintiffs, who are pro se, filed an amended complaint on that day. Whether it was 22 appropriate for either party to file untimely amended documents, leave to amend a complaint is 23 freely given under FRCP 15(a)(2). In the interest of justice and the efficient resolution of this 24 matter, the amended complaint will be allowed. The briefing schedule and hearing date for 25 defendant’s motion to dismiss are therefore vacated and the motion to dismiss and related joinder 26 filings are mooted. Defendants must file an answer or a motion to dismiss the amended 27 complaint by NOON ON FEBRUARY 22. See FRCP 15(a)(3). Plaintiffs are warned that they 28 1 must timely file a response to any motion to dismiss. Failure to timely respond may result in 2 the motion being granted or in dismissal of this action for failure to prosecute. 3 Plaintiffs should be aware that there is free legal assistance available to litigants without 4 lawyers. This service — called the Legal Help Center — is available to anyone who is 5 representing himself in a civil lawsuit in the San Francisco or Oakland division of the United 6 States District Court for the Northern District of California. The Legal Help Center is located in 7 the federal courthouse in San Francisco: 450 Golden Gate Ave, 15th Floor, Room 2796. 8 Assistance is provided by appointment only, and appointments are held in person at the Legal 9 Help Center. A litigant may schedule an appointment by signing up in the appointment book located on the table outside the door of the Center or by calling the Legal Help Center 11 For the Northern District of California United States District Court 10 appointment line at 415-782-9000 x8657. 12 13 IT IS SO ORDERED. 14 15 Dated: February 11, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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