Gallagher et al v. JPMorgan Chase Bank, N.A.

Filing 26

Order by Hon. Vince Chhabria denying 8 Motion to Dismiss.(knm, COURT STAFF) (Filed on 6/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCIS X. GALLAGHER, et al.,

Case No. 14-cv-01450-VC

Plaintiffs,
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v.

ORDER DENYING MOTION TO
DISMISS WITHOUT PREJUDICE

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JPMORGAN CHASE BANK, N.A.,

Re: Dkt. Nos. 8, 19, 20

Defendant.
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United States District Court
Northern District of California

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The motion to dismiss (Docket No. 8) is denied in light of the concern discussed at the

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hearing on June 19, 2014, that the plaintiffs may not have been served at the correct address. The

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defendant is ordered to make all reasonable efforts to contact the plaintiffs by telephone or email

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to determine their current address. Assuming the defendant is unable to make contact with the

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plaintiffs, the defendant may serve its refiled motion to dismiss and related papers (Docket Nos.

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23-25) on the plaintiffs at the Los Angeles address provided on the proof of service they

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completed with their complaint, instead of the address of the home that is the subject of the

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foreclosure.

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The defendant shall also, within four days of the date of this order, serve this order on the

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plaintiffs at the Los Angeles address (or their current address if the defendant determines the

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plaintiffs live elsewhere), along with all documents filed in this case by either the defendant or the

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court. The defendant should include with these documents an easily understandable table of

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contents.

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For the plaintiffs' benefit, the court directs their attention to the Handbook for Pro Se

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Litigants, which is available along with further information on the court's website at

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http://cand.uscourts.gov/proselitigants. The plaintiffs may also contact the Legal Help Center,

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Golden Gate Avenue, 15th Floor, Room 2796, Telephone No. 415-782-898, for free legal

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assistance regarding their claims.

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IT IS SO ORDERED.
Dated: June 24, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCIS X. GALLAGHER, et al.,

Case No. 14-cv-01450-VC

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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JPMORGAN CHASE BANK, N.A.,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 6/24/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Francis X. Gallagher
6601 Center Drive West
5th Floor
Los Angeles, CA 90045
Helen F. Gallagher
6601 Center Drive West
5th Floor
Los Angeles, CA 90045

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Dated: 6/24/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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