Gomez et al v. Wells Fargo Home Mortgage et al

Filing 45

ORDER (1) GRANTING 40 Plaintiffs' Motion for Extension of Time and (2) DENYING 42 Defendants' Motion for Dismissal. Plaintiffs shall file any First Amended Complaint on or before January 19, 2012. Signed by Judge Laurel Beeler on 12/21/2011. (lblc2, COURT STAFF) (Filed on 12/21/2011) (Additional attachment(s) added on 12/21/2011: # 1 Certificate/Proof of Service) (ls, COURT STAFF).

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
MIGUEL C. GOMEZ, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
v.

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WELLS FARGO HOME MORTGAGE, et al.,

No. C 11-01725 LB
ORDER (1) GRANTING PLAINTIFFS’
MOTION FOR EXTENSION OF TIME
AND (2) DENYING DEFENDANTS’
MOTION FOR DISMISSAL

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Defendants.
_____________________________________/

[Re: ECF Nos. 40, 42]

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On November 21, 2011, the court granted Defendants’ motions to dismiss Plaintiffs’ complaint.

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Order, ECF No. 39.1 The court allowed Plaintiffs to file a First Amended Complaint within 14 days

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– or by December 5, 2011. Id. at 21. They did not. Instead, on December 5 they requested an

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additional 45 days to do so. Motion, ECF No. 40. Defendants opposed the motion and

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simultaneously moved for dismissal based on Plaintiffs’ failure to prosecute their action in a timely

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fashion. Opposition, ECF No. 42

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Upon consideration of the moving papers, the court finds good cause to give Plaintiffs extra time

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to file a First Amended Complaint. Their motion is GRANTED. Plaintiffs shall file any First

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Amended Complaint on or before January 19, 2012 (45 days from the previous deadline of

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December 5, 2011). Defendants’ motion for dismissal is DENIED.

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///

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-01725 LB

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This disposes of ECF Nos. 40, 42.

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IT IS SO ORDERED.

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Dated: December 21, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-01725 LB

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