Burns et al v. Washington Mutual Bank, F.A. et al

Filing 18

ORDER Denying as Moot 13 Motion for More Definite Statement. The September 15, 2011 Motion Hearing is Vacated. The September 15, 2011 Case Management Conference is continued to November 16, 2011 at 2:00PM. Signed by Judge Koh on 8/31/2011. (lhklc3, COURT STAFF) (Filed on 8/31/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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EVERETT BURNS, ET AL.,

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Plaintiffs,
v.
WASHINGTON MUTUAL, ET AL.,
Defendants.

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Case No.: 11-CV-01621-LHK
ORDER DENYING AS MOOT
DEFENDANT’S MOTION FOR MORE
DEFINITE STATEMENT AND
VACATING SEPTEMBER 15, 2011
MOTION HEARING AND CASE
MANAGEMENT CONFERENCE

Plaintiffs Everett Burns and Kim Hicks-Burns originally filed suit in this matter pro se.

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Defendant EMC Mortgage Corp. (“Defendant”) has filed a motion for more definite statement with

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respect to Plaintiff’s original pro se Complaint. That motion is currently set for hearing on

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Thursday, September 15, 2011. On August 22, 2011, however, Plaintiffs filed a notice of

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substitution of counsel, informing the Court that Attorney Wendell J. Jones is now their counsel of

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record. On August 22, 2011, Mr. Jones filed an Amended Complaint on behalf of Plaintiffs.

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In light of Plaintiffs’ retention of counsel and filing of an Amended Complaint, Defendant

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now represents to the Court that its pending motion is moot, and that it intends to file a motion to

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dismiss in response to the Amended Complaint. See August 31, 2011 Joint Case Management

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Statement at 3 (where Defendant states its position that “[t]his motion is now moot given the fact

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that Plaintiffs filed a FAC on August 22, 2011.”).

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Case No.: 11-CV-01621-LHK
ORDER DENYING AS MOOT MOTION FOR MORE DEFINITE STATEMENT

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Accordingly, the Court DENIES AS MOOT Defendant’s motion for a more definite

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statement, and vacates the September 15, 2011 motion hearing. The September 15, 2011 case

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management conference is continued to Wednesday, November 16, 2011 at 2:00 p.m. If, as

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anticipated, Defendant files a motion to dismiss the Amended Complaint, the Court will continue

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the case management conference to the date of the hearing.

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IT IS SO ORDERED.

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Dated: August 31, 2011

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-01621-LHK
ORDER DENYING AS MOOT MOTION FOR MORE DEFINITE STATEMENT