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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICKY PITRE AND LORRAINE PITRE,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 12-06419 WHA

v.

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WELLS FARGO BANK, N.A., ASC
(AMERICA’S SERVICING COMPANY),
and NDEX WEST, LLC,

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Defendants.

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ORDER SETTING BRIEFING
SCHEDULE AND
VACATING HEARING
/

Defendant Wells Fargo timely filed a motion to dismiss on January 10, 2013. The case

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was reassigned to the undersigned on January 16. Defendant could have re-noticed the motion at

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that time, but instead withdrew its motion and filed an amended motion to dismiss on January 22.

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Plaintiff’s opposition to this amended motion was due February 8. Civ. Local Rule 7-3(a).

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Instead, plaintiffs, who are pro se, filed an amended complaint on that day. Whether it was

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appropriate for either party to file untimely amended documents, leave to amend a complaint is

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freely given under FRCP 15(a)(2). In the interest of justice and the efficient resolution of this

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matter, the amended complaint will be allowed. The briefing schedule and hearing date for

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defendant’s motion to dismiss are therefore vacated and the motion to dismiss and related joinder

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filings are mooted. Defendants must file an answer or a motion to dismiss the amended

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complaint by NOON ON FEBRUARY 22. See FRCP 15(a)(3). Plaintiffs are warned that they

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must timely file a response to any motion to dismiss. Failure to timely respond may result in

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the motion being granted or in dismissal of this action for failure to prosecute.

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Plaintiffs should be aware that there is free legal assistance available to litigants without

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lawyers. This service — called the Legal Help Center — is available to anyone who is

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representing himself in a civil lawsuit in the San Francisco or Oakland division of the United

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States District Court for the Northern District of California. The Legal Help Center is located in

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the federal courthouse in San Francisco: 450 Golden Gate Ave, 15th Floor, Room 2796.

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Assistance is provided by appointment only, and appointments are held in person at the Legal

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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

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For the Northern District of California

United States District Court

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appointment line at 415-782-9000 x8657.

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IT IS SO ORDERED.

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Dated: February 11, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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