Gibson et al v. Fieldstone Mortgage Company et al

Filing 34

ORDERED that Ps' # 21 Motion to Extend Time to Amend is GRANTED. Ps shall have 14 days within which to file an amended complaint. FURTHER ORDERED that Ps' # 21 Motion to Add Indispensable Party is DENIED without prejudice because there is currently no complaint in this case. If Ps wish to add parties, they should include them in the amended complaint. FURTHER ORDERED that Ds' # 22 Motion to Strike is DENIED as moot. Signed by Judge Edward C. Reed, Jr on 1/3/2012. (Copies have been distributed pursuant to the NEF - DRM)

1
2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RENO, NEVADA

3
4
5

6 EDWARD BRANFORD GIBSON and NICOLE
LYNETTE GIBSON, Husband and Wife,
7
Plaintiffs,
8
vs.
9
FIELDSTONE MORTGAGE COMPANY;
10 STEWART TITLE COMPANY; QUICKEN
LOANS INC.; TITLE SOURCE, INC;
11 MORTGAGE ELCTRONIC REGISTRATION
SYSTEMS, INC. [MERS]; RECONTRUST
12 COMPANY, N.A.; BAC HOME LOANS
SERVICING, LP; FIRST AMERICAN
13 TITLE INSURANCE COMPANY; and DOES
1-25 CORPORATIONS, DOES and ROES
14 1-25 Individuals, Partnerships, or
anyone claiming any interest to
15 the property described in this
action,
16
Defendants.
17

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

3:11-cv-00176-ECR-VPC
Order

18
19

On October 12, 2011, the Court entered an Order (#17) granting

20 Defendants’ Motion to Dismiss (#7), granting Plaintiffs leave to
21 amend the first, second, sixth, seventh, eighth, and tenth claims
22 for relief set forth in the original complaint.

The Court further

23 ordered that Plaintiff would have twenty-one (#21) days within which
24 to file an amended complaint.
25

Plaintiffs have failed to do so.

On October 28, 2011, Plaintiffs filed a Motion to Add

26 Indispensable Party and Extend Time to Amend (#21).

Defendants

27 responded (#23) on November 6, 2011, and Plaintiffs replied (#25) on
28 November 7, 2011.

1

Besides responding to Plaintiffs’ motion, on November 6, 2011,

2 Defendants filed a Motion to Strike (#22) Plaintiffs’ Motion to Add
3 Indispensable Party and Extend Time to Amend (#21).

Plaintiffs

4 filed their Opposition to Motion to Strike (#24) on November 7,
5 2011, and Defendants filed their Reply (#27) on November 17, 2011.
6

Plaintiffs should have submitted a proposed amended complaint

7 on or before November 2, 2011.

Plaintiff offers no excuse for

8 having failed to comply with the Order of the Court (#17).

However,

9 the Court will grant Plaintiff additional time within which to file
10 an amended complaint.

Absent a showing of extraordinary

11 circumstances, we do not anticipate granting Plaintiffs any further
12 extensions in the proceedings.
13

IT IS, THEREFORE, HEREBY ORDERED that Plaintiffs’ Motion to

14 Extend Time to Amend (#21) is GRANTED.

Plaintiffs shall have

15 fourteen (14) days within which to file an amended complaint.
16

IT IS FURTHER ORDERED that Plaintiffs’ Motion to Add

17 Indispensable Party (#21) is DENIED without prejudice because there
18 is currently no complaint in this case.

If Plaintiffs wish to add

19 parties, they should include them in the amended complaint.
20

IT IS FURTHER ORDERED that Defendants’ Motion to Strike (#22)

21 is DENIED as moot.
22
23
24 DATED: January 3, 2012.
25
____________________________
UNITED STATES DISTRICT JUDGE

26
27
28

2