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PERRY v. CASHCALL, INC., C 13-02369 LB. (2013)

Court: District Court, N.D. California Number: infdco20130822834 Visitors: 13
Filed: Aug. 21, 2013
Latest Update: Aug. 21, 2013
Summary: ORDER (1) DIRECTING THE UNITED STATES MARSHAL TO SERVE ADDITIONAL DEFENDANTS AND (2) CONTINUING THE HEARING ON CASHCALL'S MOTION TO DISMISS [Re: ECF No. 25] LAUREL BEELER, Magistrate Judge. Plaintiff Edgar Perry, who is proceeding pro se, filed a complaint against defendants Cashcall, Inc. and the United States Consumer Financial Protection Agency. Complaint, ECF No. 1. He also filed an application to proceed in forma pauperis. IFP Application, ECF No. 3. The court granted his application
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ORDER (1) DIRECTING THE UNITED STATES MARSHAL TO SERVE ADDITIONAL DEFENDANTS AND (2) CONTINUING THE HEARING ON CASHCALL'S MOTION TO DISMISS

[Re: ECF No. 25]

LAUREL BEELER, Magistrate Judge.

Plaintiff Edgar Perry, who is proceeding pro se, filed a complaint against defendants Cashcall, Inc. and the United States Consumer Financial Protection Agency. Complaint, ECF No. 1. He also filed an application to proceed in forma pauperis. IFP Application, ECF No. 3. The court granted his application on June 10, 2013 and directed the U.S. Marshal to serve the complaint and summonses on both defendants. IFP Order, ECF No. 5. The U.S. Marshal served the complaint and summonses on Cashcall on June 19, 2013 and on the United States Consumer Financial Protection Agency on June 20, 2013. Executed Summonses (Cashcall & CFPA), ECF No. 27.

On July 3, 2013, Cashcall appeared and filed a motion to dismiss, see Motion, ECF No. 11. One week later, Mr. Perry filed a "Motion to Adjoin PFSA to this Action." Motion, ECF No. 14. Mr. Perry stated that the "PFSA" is Portuguese Fraternal Society of America. Id. at 1. He asked that the court allow him "to introduce into evidence" certain correspondence he apparently mailed to the PFSA. Id. The court construed Mr. Perry's motion as one to file an amended complaint to add new allegations and denied it without prejudice because he did not follow the procedures for doing so under Rule 15.

Mr. Perry filed a First Amended Complaint on July 29, 2013. FAC, ECF No. 18. He still names Cashcall as a defendant, but he drops the United States Consumer Financial Protection Agency as a defendant. Id. at 2; see CALIFORNIA PRACTICE GUIDE: FEDERAL CIVIL PROCEDURE BEFORE TRIAL §§ 8:1386 (amendment under Rule 15 may be used to drop a party), 8:1551 (amended complaint that voluntarily drops a defendant named in the original complaint effectively dismisses that defendant from the action). He also adds several additional parties as defendants, namely, the Portuguese Fraternal Society of America; First Bank of California; and the State of California. See FAC, ECF No. 18 at 2. Cashcall filed a motion to dismiss Mr. Perry's First Amended Complaint, and it currently is set to be heard on September 19, 2013. Motion to Dismiss, ECF No. 25.

In light of the court granting Mr. Perry's IFP Application and ordering the United States Marshal to serve the original complaint and summonses, the court ORDERS the United States Marshal to serve, without prepayment of fees, a copy of the First Amended Complaint, any amendments or attachments, Mr. Perry's IFP affidavit, and this order upon the following new defendants at the following addresses:

PFSA (Portuguese Fraternal Society of America) 1120 East 14th Street San Leandro, California 94577 First Bank of California 13830 San Pablo Avenue San Pablo, California 94806 State of California, Kamala Harris, Attorney General P.O. Box 903447 Sacramento, California 94203-4470

Furthermore, to allow these newly-added defendants to be served and respond to the First Amended Complaint, the court CONTINUES the hearing on Cashcall's motion to dismiss from September 19, 2013 to November 7, 2013 at 9:30 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California 94102.

IT IS SO ORDERED.

Source:  Leagle

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