Crane v. Wells Fargo Bank, N.A.
Filing
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ORDER REGARDING PLAINTIFF'S OPPOSITION TO DEFENDANT'S 23 MOTION TO DISMISS AND 25 MOTION TO STRIKE, AND DENYING PLAINTIFF'S 12 MOTION TO REMAND. Responses due by 1/30/2012. Signed by Judge Claudia Wilken on 1/23/2012. (ndr, COURT STAFF) (Filed on 1/23/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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LIVIA CRANE,
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No. C 11-05294 CW
Plaintiff,
v.
WELLS FARGO BANK, N.A. and DOES
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Defendants.
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ORDER REGARDING
PLAINTIFF'S
OPPOSITION TO
DEFENDANT'S MOTION
TO DISMISS AND
MOTION TO STRIKE,
AND DENYING
PLAINTIFF'S MOTION
TO REMAND (Docket
No. 12)
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On December 14, 2011, Defendant Wells Fargo filed an amended
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motion to dismiss all eight claims in Plaintiff's complaint, as
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well as a motion to strike portions of the complaint.
Docket Nos.
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23 and 25.
On December 20, 2011, the Court ordered Plaintiff to
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respond to both motions in a consolidated brief not to exceed
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twenty-five pages, and reset the case management conference for
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January 26, 2012, the same date as the hearing for both motions.
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Pursuant to this Court's Civil Local Rule 7-3(a), Plaintiff's
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response to the motions was due on December 28, 2011.
However,
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thus far, Plaintiff, who is represented by counsel, has failed to
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oppose the motions.
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Plaintiff shall submit a response within
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seven days from the date of this Order, or the action will be
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dismissed for failure to prosecute.
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In addition, Plaintiff has moved to remand this action to
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Santa Cruz County Superior Court.
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December 16, 2011, the parties submitted a joint case management
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statement, in which Plaintiff appeared to concede that the
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"citizenship of the parties is entirely diverse."
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Management Statement at 1:25.
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brought this apparent concession to Plaintiff's attention and
Docket No. 12.
Joint Case
The Court's December 20, 2012 order
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United States District Court
For the Northern District of California
However, on
Plaintiff has not submitted any further response.
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Plaintiff's motion to remand is DENIED.
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Accordingly,
The hearing and case management conference set for January
26, 2012 at 2:00 pm are VACATED, and will be reset if necessary.
IT IS SO ORDERED.
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Dated: 1/23/2012
CLAUDIA WILKEN
United States District Judge
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