Raifman et al v. Wachovia Securities, LLC et al

Filing 32


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1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 GREGORY R. RAIFMAN, et al., Plaintiffs, 6 7 vs. Case No: C 11-02885 SBA ORDER Dkt. 28 8 WACHOVIA SECURITIES, LLC, et al., Defendants. 9 10 11 The parties are presently before the Court on Plaintiffs’ motion for administrative 12 relief. Dkt. 28. Plaintiffs request that the Court consider a late-filed declaration in 13 opposition to Defendants’ motion to dismiss, which was filed 19 minutes late on September 14 9, 2011. Dkt. 27. Defendants do not oppose this request. Plaintiffs also request that the 15 Court allow Plaintiffs to “note” their “anticipated” motion for leave to file a first amended 16 complaint at the same time the Court considers Defendants’ motion to dismiss on 17 December 6, 2011. Defendants oppose this request on the ground that they will be 18 prejudiced by having to respond to deficiencies in newly presented allegations merely by 19 way of a reply, as opposed to an opening brief and reply. Dkt. 29. Accordingly, 20 IT IS HEREBY ORDERED THAT the Court GRANTS Plaintiffs’ unopposed 21 request that the Court consider their late-filed declaration, Dkt. 27, in connection with the 22 December 6, 2011 hearing on Defendants’ motion to dismiss. Furthermore, to avoid 23 prejudice to Defendants, Plaintiffs are directed to file their motion for leave to file an 24 amended complaint within 14 days of the date of this order. Plaintiffs’ motion for leave to 25 file an amended complaint will be heard at the same time and place as Defendant’s motion 26 to dismiss on December 6, 2011. Dkt. 12. The briefing schedule applicable to Plaintiffs’ 27 28 // 1 motion is as set forth in the Court’s Local Rules and Standing Orders, and provides 2 3 Defendants with the opportunity to fully oppose any new allegations asserted by Plaintiffs. IT IS SO ORDERED. 4 5 6 Dated: October 6, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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