Banga v. First USA, N.A. et al

Filing 126

ORDER by Judge ARMSTRONG terminating 123 Motion to Compel; terminating 124 Motion to Strike 124 MOTION to Strike 120 Amended Complaint , 123 MOTION to Compel MOTION for Entry of Default, 120 Amended Complaint (lrc, COURT STAFF) (Filed on 6/28/2013)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 KAMLESH BANGA, Case No: C 10-0975 SBA 7 ORDER 8 Plaintiff, vs. Docket 123, 124 9 FIRST USA, NA & CHASE BANK USA, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NA and DOES 1 through 10 inclusive, Defendants. On May 28, 2013, Plaintiff filed a third amended complaint ("TAC"). Dkt. 120. On June 24, 2013, Plaintiff filed a motion to compel Defendants to answer the TAC or, in the alternative, motion for entry of default. Dkt. 123. On June 25, 2013, Defendant Chase Bank USA, N.A. ("Defendant") filed a motion to strike the TAC. Dkt. 124. Rule 15 of the Federal Rules of Civil Procedure provides that in all cases where, as here, a party does not have the right to amend as a matter of course, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed.R.Civ.P. 15(a)(2). Accordingly, because Plaintiff did not receive Defendant's written consent or the Court's leave to amend her pleading, the Court STRIKES the TAC from the record. See Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404-405 (9th Cir. 2010) (courts have the inherent authority to strike improper documents); see also Centillium Comms., Inc. v. Atlantic Mut. Ins. Co., 2008 WL 728639, at *6 (N.D. Cal. 2008) (striking improperly filed motion). This Order terminates Docket 123 and Docket 124. 25 IT IS SO ORDERED. 26 Dated: 6/28/13 27 28 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 BANGA et al, 5 6 Plaintiff, v. 7 FIRST USA, N.A. ET AL et al, 8 Defendant. 9 / 10 11 Case Number: CV10-00975 SBA 12 CERTIFICATE OF SERVICE 13 14 15 16 17 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 June 28, 2013, 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. 18 19 20 21 22 23 24 Kamlesh Banga P.O. Box 5656 Vallejo, CA 94591 Dated: June 28, 2013 Richard W. Wieking, Clerk 25 By: Lisa Clark, Deputy Clerk 26 27 28 -2-

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