Mc Erlain v. Park Plaza Towers Owners Association et al
Filing
75
ORDER GRANTING IN PART AND DENYING IN PART AS MOOT DEFENDANTS' MOTION FOR LEAVE TO AMEND ANSWER; VACATING HEARING; DIRECTIONS TO DEFENDANTS. To the extent defendants seek leave to amend their answer of behalf of all defendants other tha n the HOA, the motion is granted. To the extent defendants seek leave to amend their answer on behalf of the HOA, the motion is denied as moot. Defendants are directed to file their amended answer no later than September 5, 2014. Signed by Judge Maxine M. Chesney on August 20, 2014. (mmclc1, COURT STAFF) (Filed on 8/20/2014)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
For the Northern District of California
United States District Court
10
11
PATRICK JOHN MCERLAIN,
No. C-13-3232 MMC
Plaintiff,
12
ORDER GRANTING IN PART AND
DENYING IN PART AS MOOT
DEFENDANTS’ MOTION FOR LEAVE TO
AMEND ANSWER; VACATING
HEARING; DIRECTIONS TO
DEFENDANTS
v.
13
14
15
PARK PLAZA TOWERS OWNERS
ASSOCIATION, et al.,
Defendants.
/
16
17
Before the Court is defendants’ “Motion for Leave to Amend Answer to Amended
18
Complaint,” filed July 25, 2014. Plaintiff Patrick McErlain has filed a statement of non-
19
opposition. Having read and considered the papers filed in support of and in opposition to
20
the motion, the Court deems the matter appropriate for determination on the parties’
21
respective written submissions, VACATES the hearing scheduled for August 29, 2014, and
22
rules as follows.
23
To the extent defendants seek leave to amend their answer of behalf of all
24
defendants other than the Park Plaza Towers Owners Association (“the HOA”), the motion
25
is hereby GRANTED.
26
To the extent defendants seek leave to amend their answer on behalf of the HOA,
27
the motion is hereby DENIED as moot, in light of the Court’s August 12, 2014 order
28
granting judgment on the pleadings in favor of the HOA.
1
2
3
Defendants are hereby DIRECTED to file their amended answer no later than
September 5, 2014.
IT IS SO ORDERED.
4
5
Dated: August 20, 2014
MAXINE M. CHESNEY
United States District Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?