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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 KINGSWAY CAPITAL PARTNERS, LLC, Case No. 16-cv-04798-PJH Plaintiff, 5 ORDER DENYING AS MOOT MOTION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT v. 6 7 CALIBER HOME LOANS, INC., et al., Re: Dkt. No. 91 Defendants. 8 9 10 Before the court is former plaintiff Nathaniel Basola Sobayo’s motion to extend the United States District Court Northern District of California 11 deadline for plaintiff Kingsway Capital Partners, LLC (“Kingsway”) to file an amended 12 complaint. Dkt. 91. Subsequent to the filing of this motion, counsel for Kingsway entered 13 an appearance on the docket and filed an amended complaint on behalf of Kingsway on 14 December 22. Dkt. 93, 96. Since the amended complaint has now been filed, the court 15 DENIES the motion to extend time as MOOT. 16 Per the court’s October 27, 2016 order, Sobayo was to obtain counsel for his LLC 17 Kingsway and file an amended complaint by December 12. Dkt. 88. Although the 18 amended complaint was therefore 10 days late, the court will permit the filing. Plaintiff is 19 admonished, however, that the court will not be as lenient regarding court-ordered 20 deadlines in the future. Moreover, plaintiff shall not make any further pro se filings in this 21 case, now that Kingsway has secured representation. See Dkt. 94 (pro per reply brief). 22 This court has already ruled that Sobayo lacks standing in this matter and that Kingsway 23 may only appear through counsel. 24 Defendants shall file a response to the amended complaint by January 17, 2017. 25 IT IS SO ORDERED. 26 Dated: December 27, 2016 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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