Pretscher-Johnson v. Aurora Bank FSB et al

Filing 38

ORDER RE: PLAINTIFF'S SECOND AMENDED COMPLAINT. Signed by Judge Paul S. Grewal on February 21, 2014. (psglc2, COURT STAFF) (Filed on 2/21/2014)

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UNITED STATES DISTRICT COURT

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FOR THE 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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MARIANNE PRETSCHER-JOHNSON,

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Plaintiff,
v.

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AURORA BANK FSB, et al.,
Defendants.

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Case No. 5:12-cv-05817-PSG
ORDER RE: PLAINTIFF’S SECOND
AMENDED COMPLAINT
(Re: Docket Nos. 10 and 26)

Before the court are Defendants’ respective motions to dismiss.1 The motions as submitted
challenge Plaintiff’s first amended complaint. Rather than oppose the motion, Plaintiff countered
with a second amended complaint without seeking leave of the court. 2 Weighing the equities of

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this unusual procedural response, the court dismissed the FAC and ordered Plaintiff to show cause

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why the case should not be dismissed for failure to prosecute. 3 Plaintiff responded with an

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explanation for her failure to appear or oppose Defendants’ motion. 4 The court then dissolved the

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OSC and elected to consider the merits of Plaintiff’s SAC in light of the briefing submitted without

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See Docket Nos. 10 and 26.

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See Docket No. 18.

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See Docket No. 29.

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See Docket No. 35.

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Case No. 5:12-cv-05817-PSG
ORDER RE: PLAINTIFF’S SECOND AMENDED COMPLAINT