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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 KAMLESH BANGA,

Case No: C 10-0975 SBA

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ORDER

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Plaintiff,
vs.

Docket 123, 124

9 FIRST USA, NA & CHASE BANK USA,
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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.

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IT IS SO ORDERED.
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Dated: 6/28/13
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______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BANGA et al,

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Plaintiff,
v.

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FIRST USA, N.A. ET AL et al,
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Defendant.
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/

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Case Number: CV10-00975 SBA

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CERTIFICATE OF SERVICE

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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.

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Kamlesh Banga
P.O. Box 5656
Vallejo, CA 94591

Dated: June 28, 2013
Richard W. Wieking, Clerk

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By: Lisa Clark, Deputy Clerk

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