Curley v. Wells Fargo & Company et al

Filing 76

AMENDED ORDER OF DEFICIENCY Re: Dkt. Nos. 73 74 . Plaintiff is ordered to file, within six days of this order, a proposed amended complaint and must also re-file his motion to amend the complaint. Defendant must respond by 4/28/2014. Plaintiff must file reply by 5/2/2014. Motion hearing set for 5/7/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/16/14. (lmh, COURT STAFF) (Filed on 4/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DAVID M. CURLEY, SR.,
Plaintiff,

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Case No. 13-cv-03805 NC
AMENDED ORDER OF
DEFICIENCY

v.
Re: Dkt. Nos. 73, 74
WELLS FARGO & CO., and others,
Defendants.

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On March 12, 2014, the Court held a case management conference in this mortgage

20 foreclosure case. Dkt. No. 70. Plaintiff’s counsel indicated that plaintiff would move for
21 leave to file an amended complaint, and the Court set a briefing schedule and hearing for
22 that motion. Id. On April 1, 2014, plaintiff filed a motion for leave to amend the
23 complaint. Dkt. No. 73. However, plaintiff did not properly file the motion in ECF so as to
24 trigger the hearing date. In addition, plaintiff failed to file a proposed amended complaint,
25 but instead filed a proposed amendment to the complaint. Dkt. No. 74. This is inadequate.
26 See Civil L. R. 10-1 (“Any party filing or moving to file an amended pleading must
27 reproduce the entire proposed pleading and may not incorporate any part of a prior pleading
28 by reference.”).
Case No. 13-cv-03805 NC
ORDER OF DEFICIENCY

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Pl
laintiff is or
rdered to fil within si days of th order, a proposed a
le,
ix
his
amended

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ry
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osed
2 complai including the claim that surviv summar judgment the propo new claims,
f
rting these claims. Pla
c
aintiff must also re-file his motion to amend the
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n
3 and all facts suppor
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orthern Dist
trict of California. E-F
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4 complai followin the ECF Guidelines for the No
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trict of Cali
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5 Events Within ECF United St
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Defendant must respond to the mot
m
d
tion by Apr 28, 2014. Plaintiff m file a r
ril
must
reply

T
f’s
will
rd
2014 at 1:00 p.m.
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8 by May 2, 2014. The hearing on plaintiff motion w be hear May 7, 2
troom A.
9 in Court

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IT IS SO OR
T
RDERED.

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Date: April 16, 2014

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____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 13-cv-038 NC
805

ORDER OF DEFIC
R
CIENCY

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