Sobayo v. Caliber Home Loans, Inc. et al

Filing 97

Order by Hon. Phyllis J. Hamilton denying as moot 91 Motion for Extension of Time to Amend.(pjhlc2S, COURT STAFF) (Filed on 12/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KINGSWAY CAPITAL PARTNERS, LLC,

Case No. 16-cv-04798-PJH

Plaintiff,
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ORDER DENYING AS MOOT MOTION
TO EXTEND TIME TO FILE FIRST
AMENDED COMPLAINT

v.
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CALIBER HOME LOANS, INC., et al.,

Re: Dkt. No. 91

Defendants.
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Before the court is former plaintiff Nathaniel Basola Sobayo’s motion to extend the

United States District Court
Northern District of California

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deadline for plaintiff Kingsway Capital Partners, LLC (“Kingsway”) to file an amended

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complaint. Dkt. 91. Subsequent to the filing of this motion, counsel for Kingsway entered

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an appearance on the docket and filed an amended complaint on behalf of Kingsway on

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December 22. Dkt. 93, 96. Since the amended complaint has now been filed, the court

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DENIES the motion to extend time as MOOT.

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Per the court’s October 27, 2016 order, Sobayo was to obtain counsel for his LLC

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Kingsway and file an amended complaint by December 12. Dkt. 88. Although the

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amended complaint was therefore 10 days late, the court will permit the filing. Plaintiff is

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admonished, however, that the court will not be as lenient regarding court-ordered

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deadlines in the future. Moreover, plaintiff shall not make any further pro se filings in this

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case, now that Kingsway has secured representation. See Dkt. 94 (pro per reply brief).

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This court has already ruled that Sobayo lacks standing in this matter and that Kingsway

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may only appear through counsel.

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Defendants shall file a response to the amended complaint by January 17, 2017.

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IT IS SO ORDERED.

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Dated: December 27, 2016

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge