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