Velasquez v. New Penn Financial, LLC et al

Filing 40

ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Judge Yvonne Gonzalez Rogers finding as moot 36 Motion to Continue; finding as moot 39 Motion to Appear by Telephone; denying 14 Motion for Judgment on the Pleadings; finding as moot 23 Motion for Leave to File Excess Pages; granting 32 Motion for Leave to File; denying 33 Motion to Strike. The hearings set for 4/12/2016 are VACATED. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/29/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RODOLFO VELASQUEZ, Plaintiff, 8 9 10 v. NEW PENN FINANCIAL, LLC, ET AL., Defendants. United States District Court Northern District of California 11 ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT; DENYING MOTION TO STRIKE; DENYING MOTION FOR JUDGMENT ON THE PLEADINGS AND RELATED MOTIONS AS MOOT Re: Dkt. Nos. 14, 23, 32-33, 36, 39 12 13 Case No. 15-cv-04863-YGR Pro se plaintiff Rodolfo Velasquez instituted this action on October 22, 2015. (Dkt. No. 14 1.) Defendants New Penn Financial, LLC and Federal Home Loan Mortgage Corporation (the 15 “Answering Defendants”) filed answers (Dkt. Nos. 5, 12) and thereafter moved for judgment on 16 the pleadings on January 29, 2016 (Dkt. No. 14). Plaintiff opposed the motion on February 17, 17 2016 (Dkt. No. 24), filing a motion for leave to file excess pages in his opposition brief (Dkt. No. 18 23), and filed a proposed First Amended Complaint on February 24, 2016, adding Bank of 19 America, N.A., as a defendant and making various other changes, without first seeking leave (Dkt. 20 No. 30 (“FAC”)). In response thereto, Answering Defendants filed a motion to strike the FAC. 21 (Dkt. No. 33.) 22 Having reviewed the papers submitted and the record in this case,1 and good cause shown, 23 the Court hereby GRANTS plaintiff’s motion for leave to amend and DENIES the Answering 24 Defendants’ motion to strike. The FAC at Docket Number 30 is deemed filed as of today. All 25 26 27 28 1 The Court deems all pending motions appropriate for decision without oral argument, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See also Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th Cir. 1991). Thus, the hearings set for April 12, 2016 are VACATED. 1 defendants who have previously appeared shall respond to the FAC within 14 days. Other 2 defendants shall respond according to applicable rules. The Court notes that plaintiff must serve 3 the FAC on Bank of America, N.A. and file an executed summons. In light of the foregoing, the Answering Defendants’ motion for judgment on the 4 5 pleadings, plaintiff’s related motion to file excess pages, and plaintiff’s motions to continue or 6 appear by telephone at the hearing on the motions for leave to amend and to strike are DENIED as 7 moot. 8 This Order terminates Docket Numbers 14, 23, 32-33, 36, 39. 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 Dated: March 29, 2016 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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