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)

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