Newsom et al v. Countrywide Home Loans, Inc. et al

Filing 58

ORDER by Judge ARMSTRONG granting 54 Motion to Amend/Correct ; PLAINTIFF is required to E-FILE the amended document (lrc, COURT STAFF) (Filed on 8/24/2010)

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Newsom et al v. Countrywide Home Loans, Inc. et al Doc. 58 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PETER AND STEPHANIE NEWSON, Plaintiffs, vs. COUNTRYWIDE HOME LOANS, INC. Case No: C 09-5288 SBA ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT Docket 54 10 DBA AMERICA'S WHOLESALE LENDER, MORTGAGE ELECTRONIC 11 REGISTRATIONS SYSTEMS, INC., BANKERS ALLIANCE INC., JULIE 12 WHITESIDE, and DOES 1-20, inclusive, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. Good cause appearing, IT IS HEREBY ORDERED THAT: 1. Plaintiffs' unopposed motion for leave to file a Fourth Amended Complaint is GRANTED, subject to the conditions upon which the parties have agreed. See Docket 57. 2. 30, 2010. 3. Defendants shall file a motion to dismiss or responsive pleading by no later Plaintiffs shall file their Fourth Amended Complaint by no later than August than September 13, 2010. 4. If Defendants file a motion to dismiss, Plaintiffs shall file their response by September 27, 2010, and Defendants shall file their reply by October 4, 2010. The motion and opposition shall not exceed fifteen pages, and the reply shall not exceed ten pages. The hearing on the motion shall take place on October 26, 2010 at 1:00 p.m. The Court may resolve the motion without oral argument. The parties are advised to check the Court's website to determine whether an appearance is required. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Case Management Conference previously scheduled for September 30, 2010, is CONTINUED to October 26, 2010, and shall follow the hearing on the motion to dismiss. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than five (5) days prior to the Case Management Conference. The statement shall comply with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement. 6. The hearing scheduled for October 19, 2010, for Plaintiffs' motion for leave to amend is VACATED. 7. This Order terminates Docket 54. IT IS SO ORDERED. Dated: August 24, 2010 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge -2-

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