Thieme v. Cobb et al

Filing 129

FURTHER CASE MANAGEMENT ORDER: 1) Plaintiffs shall file any motion to amend and/or motion to consolidate by 5/5/2016. 2) If Plaintiffs do not file a motion, Defendant VanDyk Mortgage Corp. may file a motion for summary judgment by 6/2/201 6. 3) As default has been entered against certain Defendants, Plaintiffs are reminded that any motions for default judgment must be structured as in the notice previously provided. Signed by Judge Maria-Elena James on 3/25/2016. (cdnS, COURT STAFF) (Filed on 3/25/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE THIEME,

Case No. 13-cv-03827-MEJ

Plaintiff,
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FURTHER CASE MANAGEMENT
ORDER

v.
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DIANE M. COBB, et al.,
Defendants.

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CYNTHIA CHENAULT,

Case No. 13-cv-03828-MEJ

United States District Court
Northern District of California

Plaintiff,
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v.
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DIANE M. COBB, et al.,
Defendants.

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LEWIS HAYNES,

Case No. 15-cv-02455-MEJ

Plaintiff,
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v.
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DIANE E. COBB, et al.,
Defendants.

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Having reviewed the parties’ March 24, 2016 Joint Case Management Statement, it seems

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prudent to resolve any anticipated motions to amend and/or consolidate prior to considering

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dispositive motions and setting this matter for trial. Accordingly, the Court ORDERS as follows:

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1)

Plaintiffs shall file any motion to amend and/or motion to consolidate by May 5,

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2016. Plaintiffs are advised that the Court considers five factors in determining whether to grant

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leave to amend: “(1) bad faith, (2) undue delay, (3) prejudice to the opposing party, (4) futility of

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amendment; and (5) whether plaintiff has previously amended his complaint.” In re W. States

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Wholesale Nat. Gas Antitrust Litig., 715 F.3d 716, 738 (9th Cir. 2013) (quotation omitted).

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Plaintiffs must address each factor, bearing in mind that consideration of prejudice to the opposing

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party carries the greatest weight. Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052

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(9th Cir. 2003). In structuring their motion, Plaintiffs are encouraged to review the undersigned’s

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recent orders on motions to amend, including Mendia v. Garcia, __ F. Supp. 3d __, 2016 WL

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758349, at *3 (N.D. Cal. Feb. 26, 2016); Faulks v. Wells Fargo & Co., 2015 WL 4914986, at *7

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(N.D. Cal. Aug. 17, 2015); Harman v. Ahern, 2015 WL 1885718, at *2 (N.D. Cal. Apr. 24, 2015);

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and Tobin v. City & Cty. of San Francisco Police Dep’t, 2015 WL 1885632, at *2 (N.D. Cal. Apr.

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24, 2015). Plaintiffs may choose to file the same motion in all three cases or file three separate

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United States District Court
Northern District of California

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motions.
2)

If Plaintiffs do not file a motion to amend and/or consolidate by May 5, Defendant

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VanDyk Mortgage Corporation may file a motion for summary judgment by June 2, 2016. The

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Court will not consider any dispositive motion filed before the deadline for Plaintiffs to file their

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motion to amend and/or motion to consolidate.

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3)

As default has been entered against certain Defendants, Plaintiffs are reminded that

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any motions for default judgment must be structured as in the notice previously provided.

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Plaintiffs may choose to file the same motion in all three cases or file three separate motions.

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IT IS SO ORDERED.

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Dated: March 25, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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