Russel I Kassman v. JP Morgan Chase Bank

Filing 38

ORDER Requesting Response from Defendant re 23 MOTION to Dismiss. Signed by Magistrate Judge Donna M. Ryu on 6/1/2016.(dmrlc3, COURT STAFF) (Filed on 6/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUSSEL I. KASSMAN,

Case No. 15-cv-05873-DMR

Plaintiff,
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v.

ORDER REQUESTING RESPONSE
FROM DEFENDANT

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JP MORGAN CHASE BANK,

Re: Dkt. No. 23

Defendant.

United States District Court
Northern District of California

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On April 15, 2016, Defendant JP Morgan Chase Bank filed a Motion to Dismiss Plaintiff’s

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First Amended Complaint. [Docket No. 23.] Plaintiff Russel Kassman failed to file an opposition

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or statement of nonopposition. The court issued an Order to Show Cause for Plaintiff’s failure to

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do so. [Docket No. 32.] Plaintiff’s counsel responded that he had not followed the Northern

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District of California Civil Local Rules to calculate the response deadline, and that he intended to

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file a Second Amended Complaint by May 18, 2016. [Docket No. 33.]

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On May 18, 2016, Plaintiff filed a Second Amended Complaint. [Docket No. 35.]

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Plaintiff never filed an opposition to Defendant’s motion to dismiss, and Defendant never filed a

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reply brief.

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On this record, it is unclear whether Defendant intends to withdraw its Motion to Dismiss

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the First Amended Complaint [Docket No. 23] in light of the Plaintiff’s filing of the Second

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Amended Complaint, or whether it intends to proceed on the motion. Defendant shall file a letter

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stating its intention by 1:00 p.m. on June 3, 2016.

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IT IS SO ORDERED.
Dated: June 1, 2016
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Donna M. Ryu
United States Magistrate Judge