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

Filing 528

ORDER STRIKING AMENDMENT TO FOURTH AMENDED COMPLAINT. Signed by Judge Yvonne Gonzalez Rogers on 10/4/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/4/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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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 STRIKING AMENDMENT TO FOURTH
AMENDED COMPLAINT, DKT. NO. 527

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Northern District of California

United States District Court

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vs.
JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, ET AL.,
Defendants.
The Court, on its own motion, STRIKES Plaintiffs’ Amendment to Fourth Amended
Complaint. (Dkt. No. 527.)
Plaintiffs attempt to substitute in two new defendants as “Doe 1 and Doe 2.” As a

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preliminary matter, there is no Doe 1 named in the Fourth Amended Complaint. More significantly,
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the Federal Rules of Civil Procedure do not permit Plaintiffs to amend the complaint simply by way
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of filing an amendment without a prior order. Further, the allegations concerning the Doe defendants
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in the Fourth Amended Complaint are so insubstantial that any request to amend by simply
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substituting these new defendants into the complaint as Does would be futile, since no claim would
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apparently be stated against them without additional factual allegations.
The Clerk shall STRIKE Docket Number 527 from the record.
IT IS SO ORDERED.
Dated: October 4, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE