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