Kassman v. JP Morgan Chase Bank, 15-cv-05873-DMR. (2016)
Court: District Court, N.D. California
Number: infdco20160602b17
Visitors: 19
Filed: Jun. 01, 2016
Latest Update: Jun. 01, 2016
Summary: ORDER REQUESTING RESPONSE FROM DEFENDANT Re: Dkt. No. 23. DONNA M. RYU , Magistrate Judge . On April 15, 2016, Defendant JP Morgan Chase Bank filed a Motion to Dismiss Plaintiff's First Amended Complaint. [Docket No. 23.] Plaintiff Russel Kassman failed to file an opposition or statement of nonopposition. The court issued an Order to Show Cause for Plaintiff's failure to do so. [Docket No. 32.] Plaintiff's counsel responded that he had not followed the Northern District of California Civil
Summary: ORDER REQUESTING RESPONSE FROM DEFENDANT Re: Dkt. No. 23. DONNA M. RYU , Magistrate Judge . On April 15, 2016, Defendant JP Morgan Chase Bank filed a Motion to Dismiss Plaintiff's First Amended Complaint. [Docket No. 23.] Plaintiff Russel Kassman failed to file an opposition or statement of nonopposition. The court issued an Order to Show Cause for Plaintiff's failure to do so. [Docket No. 32.] Plaintiff's counsel responded that he had not followed the Northern District of California Civil ..
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ORDER REQUESTING RESPONSE FROM DEFENDANT
Re: Dkt. No. 23.
DONNA M. RYU, Magistrate Judge.
On April 15, 2016, Defendant JP Morgan Chase Bank filed a Motion to Dismiss Plaintiff's First Amended Complaint. [Docket No. 23.] Plaintiff Russel Kassman failed to file an opposition or statement of nonopposition. The court issued an Order to Show Cause for Plaintiff's failure to do so. [Docket No. 32.] Plaintiff's counsel responded that he had not followed the Northern District of California Civil Local Rules to calculate the response deadline, and that he intended to file a Second Amended Complaint by May 18, 2016. [Docket No. 33.]
On May 18, 2016, Plaintiff filed a Second Amended Complaint. [Docket No. 35.] Plaintiff never filed an opposition to Defendant's motion to dismiss, and Defendant never filed a reply brief.
On this record, it is unclear whether Defendant intends to withdraw its Motion to Dismiss the First Amended Complaint [Docket No. 23] in light of the Plaintiff's filing of the Second Amended Complaint, or whether it intends to proceed on the motion. Defendant shall file a letter stating its intention by 1:00 p.m. on June 3, 2016.
IT IS SO ORDERED.
Source: Leagle
