Muniz v. Wells Fargo & Company et al

Filing 51

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE. Signed by Judge Maxine M. Chesney on 12/20/2017. (mmclc2, COURT STAFF) (Filed on 12/20/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VICTOR MUNIZ, et al.,

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Plaintiffs,
v.

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WELLS FARGO & COMPANY, et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 17-cv-04995-MMC
ORDER DENYING AS MOOT
DEFENDANTS' MOTIONS TO DISMISS
AND TO STRIKE
Re: Dkt. Nos. 37, 38

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Before the Court are the following two motions, both filed October 30, 2017: (1)

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defendants Wells Fargo & Company, Wells Fargo Bank, N.A., and Wells Fargo Home

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Mortgage’s (collectively, “Wells Fargo”) “Motion to Dismiss Class Action Complaint”; and

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(2) Wells Fargo’s “Motion to Strike Plaintiff’s Class Definition and Tolling Allegations.”

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By order filed November 30, 2017, the Court granted the parties’ stipulation to

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extend to December 18, 2017, the deadline for plaintiff Victor Muniz (“Muniz”) to respond

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to the above-referenced motions by filing an amended complaint and thereby “render [the

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motions] moot.” (See Stipulated Order, filed November 30, 2017, at 3:15-22.) On

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December 18, 2017, Muniz filed his “First Amended Complaint.”
Accordingly, Wells Fargo’s motions to dismiss and to strike are hereby DENIED as

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moot.

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IT IS SO ORDERED.

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Dated: December 20, 2017
MAXINE M. CHESNEY
United States District Judge