Nazreen Razzak, v. Wells Fargo Bank, N.A.

Filing 35

ORDER GRANTING MOTION TO DISMISS; AFFORDING LEAVE TO AMEND. Signed by Judge Maxine M. Chesney on 12/08/2017. (mmclc2, COURT STAFF) (Filed on 12/8/2017)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 NAZREEN RAZZAK, et al., Plaintiffs, 12 v. 13 14 Case No. 17-cv-04939-MMC WELLS FARGO BANK, N.A., Defendant. 15 ORDER GRANTING MOTION TO DISMISS; AFFORDING LEAVE TO AMEND RE: DKT. NO. 19 16 17 Before the Court is defendant Wells Fargo Bank, N.A.’s “Motion to Dismiss First 18 Amended Complaint,” filed October 12, 2017, pursuant to Rule 12(b)(6) of the Federal 19 Rules of Civil Procedure. Plaintiffs have filed opposition, to which defendant replied. The 20 matter came on regularly for hearing on December 8, 2017. Dean A. Reeves of Anglin, 21 Flewelling, Rasmussen, Campbell & Tryttrn LLP appeared on behalf of defendant. Allen 22 T. Koster, III appeared on behalf of plaintiffs. 23 Having considered the parties’ respective written submissions and the arguments 24 of counsel at the hearing, the Court, for the reasons stated on the record at the hearing, 25 hereby GRANTS the motion, and DISMISSES the First Amended Complaint with leave to 26 amend. 27 No later than January 26, 2018, plaintiffs shall file any Second Amended 28 Complaint, as well as any declarations addressing the issue of judicial estoppel. 1 Defendant shall file any responsive declarations no later than the date on which 2 defendant files its response to plaintiffs’ Second Amended Complaint. 3 4 IT IS SO ORDERED. 5 6 Dated: December 8, 2017 MAXINE M. CHESNEY United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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