Ellis et al v. J.P. Morgan Chase & Co. et al

Filing 29

ORDER DENIED AS MOOT 25 Ex Parte MOTION for Leave to File Supplemental Request for Judicial Notice in Opposition re 6 Motion to Dismiss for Lack of Jurisdiction, filed by Ronald Lazar, Diana Ellis, James Schillinger.. Signed by Judge GONZALEZ ROGERS on 4/26/13. (lrc, COURT STAFF) (Filed on 4/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIANA ELLIS, JAMES SCHILLINGER, and
RONALD LAZAR, individually and on behalf
of other members of the general public
similarly situated,

Case No.: 12-cv-03897-YGR
ORDER REGARDING ORDER TO SHOW CAUSE
AND SUPPLEMENTAL REQUEST FOR JUDICIAL
NOTICE

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Plaintiffs,

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vs.

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Northern District of California

United States District Court

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J.P. MORGAN CHASE & CO., J.P.
MORGAN CHASE BANK, N.A., and
CHASE HOME FINANCE LLC,

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Defendants.
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On April 19, 2013, the Court issued an Order to Show Cause to Plaintiffs’ counsel, Roland

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Tellis, concerning the filing of an Ex Parte Application for Leave to File Supplemental Request for

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Judicial Notice in Opposition to Chase Defendants’ Motion to Dismiss Plaintiffs’ Complaint Pursuant

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to Fed. R. Civ. P. 12(b)(1). (Dkt. Nos. 27 & 25.) Mr. Tellis filed a timely response. (Dkt. No. 28.)

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Having reviewed and considered the written response to the Order to Show Cause, the Court

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VACATES the hearing scheduled for May 3, 2013 at 9:01 a.m. While no further action will be taken

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with respect to the Order to Show Cause, the Court cautions all parties against filing unauthorized

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briefings and advises the parties to thoroughly review the Local Rules prior to filing documents in this

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action.

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The Court has reviewed Plaintiffs’ Ex Parte Application and Defendants’ response thereto.

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While Defendants opposed Plaintiffs’ Ex Parte Application, they do not object to the submission of

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the Amended Consent Order itself. In light of their agreement, the Court DENIES the Ex Parte

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Application at Dkt. No. 25 as moot. The parties shall file a stipulation jointly attaching the Amended

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Consent Order for the Court to consider on the pending motion to dismiss.

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No further briefing or argument may be filed regarding the pending motion to dismiss without

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prior leave of Court. The Court will consider the arguments raised by the parties in the Ex Parte

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Application and response thereto.

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This Order terminates Dkt. No. 25.

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IT IS SO ORDERED.

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Dated: April 26, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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