McErlain v. Park Plaza Towers Owners Association et al

Filing 47

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)

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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 NANCY MCERLAIN, Plaintiff, 12 13 14 No. C-13-4384 MMC ORDER GRANTING IN PART AND DENYING IN PART AS MOOT DEFENDANTS’ MOTION FOR LEAVE TO AMEND ANSWER; VACATING HEARING; DIRECTIONS TO DEFENDANTS v. PARK PLAZA TOWERS OWNERS ASSOCIATION, et al., 15 Defendants. 16 / 17 18 Before the Court is defendants’ “Motion for Leave to Amend Answer to Amended 19 Complaint,” filed July 25, 2014. Plaintiff Nancy McErlain has filed a statement of non- 20 opposition. Having read and considered the papers filed in support of and in opposition to 21 the motion, the Court deems the matter appropriate for determination on the parties’ 22 respective written submissions, VACATES the hearing scheduled for August 29, 2014, and 23 rules as follows. 24 To the extent defendants seek leave to amend their answer of behalf of all 25 defendants other than the Park Plaza Towers Owners Association (“the HOA”), the motion 26 is hereby GRANTED. 27 28 To the extent defendants seek leave to amend their answer on behalf of the HOA, the motion is hereby DENIED as moot, in light of the Court’s August 12, 2014 order 1 2 3 4 granting judgment on the pleadings in favor of the HOA. Defendants are hereby DIRECTED to file their amended answer no later than September 5, 2014. IT IS SO ORDERED. 5 6 Dated: August 20, 2014 MAXINE M. CHESNEY United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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