Cutlip v. Deutche Bank National Trust Company for the Harborview Mortgage Loan Trust Pass-Through Certificates 2007-7

Filing 20

ORDER STRIKING FILINGS re 18 , 19 ; REFERRING PLAINTIFF TO FLASH. Signed by Hon. Beth Labson Freeman on 4/7/2015. (blflc2, COURT STAFF) (Filed on 4/7/2015) Modified on 4/7/2015 (blflc2, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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WILLIAM CUTLIP,

Case No. 15-cv-01345-BLF

Plaintiff,
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v.

ORDER STRIKING FILINGS;
REFERRING PLAINTIFF TO FLASH

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DEUTCHE BANK NATIONAL TRUST
COMPANY FOR THE HARBORVIEW
MORTGAGE LOAN TRUST PASSTHROUGH CERTIFICATES 2007-7,

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Defendant.

United States District Court
Northern District of California

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[Re: ECF 18, 19]

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On April 2, 2015, pro se plaintiff William Cutlip filed a “Supplement to Complaint for

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Independent Action in Equity to Set Aside a Judgment.” ECF 18. On April 7, Plaintiff filed a

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“State of Facts in Support of Independent Action in Equity to Set Aside a Judgment.” ECF 19. It

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is unclear to the Court what Plaintiff seeks in either of these filings, and they are accordingly

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STRICKEN.

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To the extent Plaintiff sought to amend his original complaint filed March 23, 2015,

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Plaintiff has the right to amend once as of right. Fed. R. Civ. P. 15(a)(1). If Plaintiff wishes to

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exercise that right now, he may file an amended complaint. Any amended complaint must be so

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labeled, may not incorporate other filings in this action by reference, must include all claims

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asserted by Plaintiff, and shall supersede and replace the prior complaint.

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To the extent Plaintiff sought to obtain affirmative relief through his April 2 and April 7

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filings, Plaintiff must comply with the requirements of Civil Local Rule 7 and this Court’s

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standing order with respect to motion practice. Plaintiff is advised that unless he can demonstrate

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that an ex parte motion is authorized by statute, Federal Rule, local rule, or standing order, and

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that he has complied with the applicable provisions allowing a party to approach the Court on an

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ex parte basis, the Court is not inclined to hear motions before the defendant in this action is

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served with summons. Civ. L.R. 7-10.

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United States District Court
Northern District of California

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Finally, Plaintiff is advised that he may benefit from contacting the Federal Legal
Assistance Self-Help Center at the San Jose Courthouse (FLASH):
United States Courthouse
280 South 1st Street
2nd Floor, Room 2070
San Jose, CA 95113
Phone: [phone] or 408-293-4790
IT IS SO ORDERED.
Dated: April 7, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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