Flamenco v. Bank of America, N.A.

Filing 15

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)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

JOSE O. FLAMENCO,
Plaintiff,

8
9
10
11

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

12
13
14

TO ALL PARTIES AND COUNSEL OF RECORD:
On March 29, 2012, the Court issued an Order to Show Cause Regarding Why Plaintiff’s

15

Action Should Not Be Dismissed. (Dkt. No. 12.) On March 30, 2012, the parties filed a Joint

16

Stipulation Consenting to Plaintiff’s Filing a First Amended Complaint (“FAC”). (Dkt. No. 14.)

17

Plaintiff also filed a First Amended Verified Complaint on that date. (Dkt. No. 13.) Having reviewed

18

and considered the stipulation and proposed FAC, the Court hereby VACATES the OSC hearing

19

scheduled for April 13, 2012.

20

The Court GRANTS Plaintiff’s request to file the FAC. Having already been filed, it shall be

21

the operative complaint in this action. Defendant shall respond to the FAC within twenty-one (21)

22

days of the date of this Order. This Order terminates Dkt. No. 4 because that motion is now moot.

23

IT IS SO ORDERED.

24
25

Dated: April 3, 2012

26
27
28

_____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE