Flamenco v. Bank of America, N.A.
Filing
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ORDER VACATING OSC AND GRANTING REQUEST TO FILE FIRST AMENDED COMPLAINT re 14 Stipulation filed by Jose O. Flamenco, Motions terminated: 4 MOTION to Dismiss filed by Bank of America, N.A... Signed by Judge Yvonne Gonzalez Rogers on 4/3/12. (fs, COURT STAFF) (Filed on 4/3/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSE O. FLAMENCO,
Plaintiff,
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vs.
Case No.: C-12-00596- YGR
ORDER VACATING OSC AND GRANTING
REQUEST TO FILE FIRST AMENDED
COMPLAINT
BANK OF AMERICA, N.A.,
Defendant.
Northern District of California
United States District Court
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TO ALL PARTIES AND COUNSEL OF RECORD:
On March 29, 2012, the Court issued an Order to Show Cause Regarding Why Plaintiff’s
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Action Should Not Be Dismissed. (Dkt. No. 12.) On March 30, 2012, the parties filed a Joint
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Stipulation Consenting to Plaintiff’s Filing a First Amended Complaint (“FAC”). (Dkt. No. 14.)
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Plaintiff also filed a First Amended Verified Complaint on that date. (Dkt. No. 13.) Having reviewed
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and considered the stipulation and proposed FAC, the Court hereby VACATES the OSC hearing
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scheduled for April 13, 2012.
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The Court GRANTS Plaintiff’s request to file the FAC. Having already been filed, it shall be
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the operative complaint in this action. Defendant shall respond to the FAC within twenty-one (21)
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days of the date of this Order. This Order terminates Dkt. No. 4 because that motion is now moot.
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IT IS SO ORDERED.
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Dated: April 3, 2012
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_____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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