Faulks v. Wells Fargo & Company et al

Filing 16

ORDER Discharging OSC; Denying Without Prejudice 6 MOTION to Dismiss Plaintiff's Complaint. Amended Complaint due by 8/29/2013. Signed by Judge Maria-Elena James on 8/12/2013. (cdnS, COURT STAFF) (Filed on 8/12/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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LAURENCE FAULKS,
Plaintiff,

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No. C 13-2871 MEJ
ORDER DISCHARGING OSC

v.
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WELLS FARGO & CO., et al.,

ORDER RE: REQUEST TO FILE
AMENDED COMPLAINT

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Pending before the Court is Defendants’ Motion to Dismiss. Dkt. No. 6. On August 12,

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2013, Plaintiff’s counsel filed a declaration requesting additional time to file an amended complaint.

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Dkt. No. 11. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once “as a

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matter of course” within “21 days after service of a responsive pleading or 21 days after service of a

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motion. Fed. R. Civ. P. 15(a)(1). Here, more than 21 days have passed since Defendants filed their

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Motion. However, the Court notes that Plaintiff originally appeared pro se in this matter and only

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recently obtained counsel. Accordingly, as no prior amended complaints have been filed, the Court

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finds good cause exists to permit Plaintiff to file an amended complaint under Rule 15(a). Plaintiff

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shall file his amended complaint by August 29, 2013. Since Defendants’ motion is based on

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Plaintiff’s original complaint, the Court hereby DENIES the Motion WITHOUT PREJUDICE. If

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Plaintiff fails to file an amended complaint by August 29, Defendants may re-notice their Motion

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pursuant to Civil Local Rule 7. The July 29, 2013 Order to Show Cause is DISCHARGED.

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IT IS SO ORDERED.

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Dated: August 12, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge