Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 374

ORDER by Judge Yvonne Gonzalez Rogers granting 320 Motion for Leave to Supplement Third Amended Complaint by 4/16/13. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 4/10/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 ALLY BANK, FIDELITY NATIONAL TITLE INSURANCE COMPANY, ET AL., 13 14 Plaintiffs, Case No.: 11-CV-896 YGR ORDER GRANTING MOTION FOR LEAVE TO SUPPLEMENT COMPLAINT (DKT. NO. 320) vs. 15 16 JAMES C. CASTLE AKA J. CHRISTOPHER CASTLE, ET AL., 17 Defendants. 18 19 20 On December 18, 2012, Plaintiffs Fidelity National Title Insurance Company, 21 Commonwealth Land Title Insurance Company, Ally Bank, Wesley W. Halihan, Gina L. Halihan, 22 Dawn R. Carifi, Brian Phuong, Crichton Friedly, Janet N. Friedly, Chicago Title Insurance 23 Company, Julian Massa and Alison Massa (collectively, “Plaintiffs”) filed their Motion for Leave to 24 Supplement Third Amended Complaint. (Dkt. No. 320.) Defendants Christopher Castle and James 25 C. Castle filed their response on January 2, 2013. 26 Having carefully considered the papers submitted in support and in opposition to the Motion, 27 and the pleadings in this action, the Court hereby GRANTS the Motion. Plaintiffs shall file a Fourth 28 Amended Complaint incorporating the allegations concerning the alleged fraudulent short sale of a 1 residence located at 26 Via Diverterse, San Clemente, California, as set forth in their Motion. The 2 facts and circumstances of the sale of the Via Divertirse property are similar to those alleged as to the 3 other properties in this action and several of the same defendants are alleged to be involved. 4 5 However, Plaintiffs should take note that the Court is not inclined to allow any further amendments regarding additional properties and sales. 6 Plaintiffs shall file their Fourth Amended Complaint no later than April 16, 2013. 7 This Order terminates Docket No. 320. 8 9 10 IT IS SO ORDERED. Dated: April 10, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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