May v. Washington Mutual Brokerage Holdings, Inc. et al

Filing 51

ORDER VACATING CASE MANAGEMENT CONFERENCE re 50 Joint Case Management Statement. The Court finds that a CaseManagement Conference would be premature at this time. The Court VACATES the 12/7/2009 Case Management Conference. In its Order addressing the anticipated Motion, the Court will set a new date for a Case Management Conference,if necessary. Signed by Judge James Ware on 12/2/2009. (ecg, COURT STAFF) (Filed on 12/3/2009)

1 2 3 4 5 6 7 8 9 10 Myrra May, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-00459 JW ORDER VACATING CASE MANAGEMENT CONFERENCE

United United States District Court

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For the Northern District of California

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Washington Mutual Brokerage Holdings, Inc., et al., Defendants. /

This case is scheduled for a Case Management Conference on December 7, 2009. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Case Management Statement. (hereafter, "Statement," Docket Item No. 50.) On October 21, 2009, the Court issued an Order Granting Motion to Dismiss as to Plaintiff's TILA Claim with leave to amend. (See Docket Item No. 44.) On November 17, 2009, Plaintiff filed a Second Amended Complaint, adding the Federal Deposit Insurance Corporation (FDIC) as a Defendant. (See Docket Item No. 48.) In the Statement, Defendant JPMorgan represents that it intends to file a Motion to Dismiss Plaintiff's Second Amended Complaint. (Statement at 5.) Since Defendant JPMorgan's anticipated Motion may be dispositive, the Court finds that a Case Management Conference would be premature at this time.

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Accordingly, the Court VACATES the Case Management Conference. In its Order addressing the anticipated Motion, the Court will set a new date for a Case Management Conference, if necessary.

Dated: December 2, 2009

JAMES WARE United States District Judge

United States District Court

11
For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Annette D. Kirkham [e-mail] Jae Il Park [e-mail] Kimberly Pederson [e-mail] Scott J. Stilman [e-mail] Shaobin Zhu [e-mail] Sung-Min Christopher Yoo [e-mail]

Dated: December 2, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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