Raifman et al v. Wachovia Securities, LLC et al

Filing 32

ORDER by Judge ARMSTRONG granting 28 Motion MOTION TO CONSIDER LATE-FILED DECLARATION (lrc, COURT STAFF) (Filed on 10/7/2011)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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5 GREGORY R. RAIFMAN, et al.,

Plaintiffs,

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vs.

Case No: C 11-02885 SBA
ORDER
Dkt. 28

8 WACHOVIA SECURITIES, LLC, et al.,

Defendants.

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The parties are presently before the Court on Plaintiffs’ motion for administrative

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relief. Dkt. 28. Plaintiffs request that the Court consider a late-filed declaration in

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opposition to Defendants’ motion to dismiss, which was filed 19 minutes late on September

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9, 2011. Dkt. 27. Defendants do not oppose this request. Plaintiffs also request that the

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Court allow Plaintiffs to “note” their “anticipated” motion for leave to file a first amended

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complaint at the same time the Court considers Defendants’ motion to dismiss on

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December 6, 2011. Defendants oppose this request on the ground that they will be

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prejudiced by having to respond to deficiencies in newly presented allegations merely by

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way of a reply, as opposed to an opening brief and reply. Dkt. 29. Accordingly,

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IT IS HEREBY ORDERED THAT the Court GRANTS Plaintiffs’ unopposed

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request that the Court consider their late-filed declaration, Dkt. 27, in connection with the

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December 6, 2011 hearing on Defendants’ motion to dismiss. Furthermore, to avoid

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prejudice to Defendants, Plaintiffs are directed to file their motion for leave to file an

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amended complaint within 14 days of the date of this order. Plaintiffs’ motion for leave to

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file an amended complaint will be heard at the same time and place as Defendant’s motion

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to dismiss on December 6, 2011. Dkt. 12. The briefing schedule applicable to Plaintiffs’

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//

1 motion is as set forth in the Court’s Local Rules and Standing Orders, and provides
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Defendants with the opportunity to fully oppose any new allegations asserted by Plaintiffs.
IT IS SO ORDERED.

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Dated: October 6, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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