Profitwise Accounting Inc. v. Bank of America, N.A. et al

Filing 35

ORDER Granting 33 Joint Motion Re: Special Briefing Schedule. Signed by Judge Michael M. Anello on 10/13/2020. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PROFITWISE ACCOUNTING INC., a
California corporation, individually and
on behalf of all others similarly situated,

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Case No.: 20-cv-01395-MMA (WVG)
ORDER GRANTING JOINT
MOTION RE: SPECIAL BRIEFING
SCHEDULE

Plaintiff,

[Doc. No. 33]

v.
BANK OF AMERICA, N.A., et al.,

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Defendants.

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On October 12, 2020 the parties filed a joint motion requesting the Court set a

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special briefing schedule regarding the filing of an amended complaint by Plaintiff and

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anticipated response by Defendants. Upon due consideration, good cause appearing, the

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Court GRANTS the joint motion and ORDERS as follows:

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1.

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Plaintiff may file an amended complaint, if it so chooses, on or before
October 16, 2020;

2.

Bank of America, N.A., JPMorgan Chase Bank, N.A., Pacific Enterprise

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Bank, and ReadyCap Lending, LLC must then respond on or before

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November 16, 2020;

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3.

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Defendants’ joint motion to dismiss, that shall not exceed 30 pages, must
be filed on or before November 16, 2020;

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Any Defendant who believes it has additional issues not addressed in the

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joint motion to dismiss may file an individual supplemental brief in

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support of the joint motion to dismiss, that shall not exceed 5 pages, on or

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before November 16, 2020;
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20-cv-01395-MMA (WVG)

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5.

If any Defendant elects to seek dismissal under Fed. R. Civ. P. 12(b)(2)

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and/or (3), the Defendant(s) seeking dismissal on this ground may also

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file an individual motion on that basis, which each shall not exceed 15

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pages, on or before November 16, 2020;

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6.

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Plaintiff’s opposition to Defendants’ joint motion to dismiss, which shall
not exceed 30 pages, must be filed on or before December 16, 2020;

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In the event any Defendant files an individual supplemental brief in

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support of the joint motion to dismiss, Plaintiff shall file and serve its

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opposition(s) thereto, which each shall not exceed 5 pages, on or before

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December 16, 2020;
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If any Defendant elects to seek dismissal under Fed. R. Civ. P. 12(b)(2)

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and/or (3), Plaintiff shall file and serve its opposition(s) thereto, which

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each shall not exceed 15 pages, on or before December 16, 2020;

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Defendants’ reply in support of their joint motion to dismiss, which shall

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not exceed 15 pages, and any individual supplemental reply briefs, which

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each shall not exceed 3 pages, must be filed on or before January 6,

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2021;

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10. If any Defendant elects to seek dismissal under Fed. R. Civ. P. 12(b)(2)

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and/or (3), the Defendant(s) seeking dismissal on this ground may also

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file a reply brief, which each shall not exceed 5 pages, on or before

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January 6, 2021; and

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11. The Court will hold a hearing on Defendants’ motion(s) to dismiss on
January 25, 2021 at 2:30 P.M. in Courtroom 3D.
IT IS SO ORDERED.
Dated: October 13, 2020
_____________________________
HON. MICHAEL M. ANELLO
United States District Judge

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20-cv-01395-MMA (WVG)