De La Garza et al v. Washington Mutual, Inc. et al

Filing 14

ORDER vacating order to show cause hearing date and instructing plaintiffs to file a Third Amended Complaint within ten days of entry of this order. Signed by Judge Jeffrey T. Miller on 4/21/09. (All non-registered users served via U.S. Mail Service).(tkl) (jrl).

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cc: All parties

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
JOSE DE LA GARZA; GLORIA DE LA GARZA, vs. Plaintiffs, CASE NO. 09cv0390 JM(WMC) ORDER VACATING ORDER TO SHOW CAUSE HEARING DATE; GRANTING LEAVE TO AMEND

WASHINGTON MUTUAL MORTGAGE, INC., Defendant. On or about April 6, 2009 the court struck the Second Amended Complaint and issued an Order to Show Cause why the case should not be dismissed ("OSC"). (Docket No. 10). Plaintiffs have responded to the OSC, representing that the First Amended Complaint ("FAC") was inadvertently filed and that the Second Amended Complaint ("SAC") simply sought to rectify the inadvertent filing of the FAC. With respect to the filing of the SAC in violation of the stay, Plaintiffs counsel represents that it filed the SAC prior to learning of the entry of the stay order. For good cause shown, the court vacates the OSC hearing date and, as there is no longer an operative complaint on file, instructs Plaintiffs to file a Third Amended Complaint within ten days of entry of this order.

IT IS SO ORDERED.
DATED: April 21, 2009 Hon. Jeffrey T. Miller United States District Judge

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09cv0390