Filed: Oct. 09, 2015
Latest Update: Oct. 09, 2015
Summary: ORDER GRANTING STIPULATION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT [56] OTIS D. WRIGHT, II , District Judge . Having read and considered the parties' Stipulation for Leave to File a First Amended Complaint (ECF No. 56), and with good cause appearing, the Court ORDERS as follows: (1) Counts III through VII of Plaintiff's Complaint for fraud, intentional misrepresentation, concealment, violation of California Business & Professions Code 17200, et seq., and violation of California V
Summary: ORDER GRANTING STIPULATION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT [56] OTIS D. WRIGHT, II , District Judge . Having read and considered the parties' Stipulation for Leave to File a First Amended Complaint (ECF No. 56), and with good cause appearing, the Court ORDERS as follows: (1) Counts III through VII of Plaintiff's Complaint for fraud, intentional misrepresentation, concealment, violation of California Business & Professions Code 17200, et seq., and violation of California Ve..
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ORDER GRANTING STIPULATION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT [56]
OTIS D. WRIGHT, II, District Judge.
Having read and considered the parties' Stipulation for Leave to File a First Amended Complaint (ECF No. 56), and with good cause appearing, the Court ORDERS as follows:
(1) Counts III through VII of Plaintiff's Complaint for fraud, intentional misrepresentation, concealment, violation of California Business & Professions Code § 17200, et seq., and violation of California Vehicle Code § 11705(a)(14) are dismissed as to Defendant Saul Chevrolet, Inc. dba CardinaleWay Volkswagen ("CardinaleWay") only;
(2) CardinaleWay's Motion for Judgment on the Pleadings, as well as Defendant Terry Guinn's Joinder thereto, are DENIED as moot (ECF Nos. 41, 42);1
(3) Plaintiff's Application for Leave to Amend is DENIED as moot (ECF No. 43);
(4) Plaintiff is given seven (7) days' leave to file the First Amended Complaint in the form attached to the Stipulation; and
(5) Defendants shall have twenty-one (21) days from the filing of the First Amended Complaint to respond to the First Amended Complaint.
Finally, the Court notes that the parties have recently filed and opposed numerous motions only to withdraw their motions or oppositions at the last minute. This has wasted significant judicial resources and attorneys' fees. It appears that meaningful meet and confer efforts under Local Rule 7-3 would have resolved at least some of these disputes prior to the filing of the motions. To that end, the Court ORDERS that all future meet and confer efforts under Local Rule 7-3 must occur in person and must address all issues that the parties intend to put before the Court. Failure to do so may result in the summary denial of the motion or of specific issues therein. See Singer v. Live Nation Worldwide, Inc., No. SACV 11-0427 DOC, 2012 WL 123146, at *2 (C.D. Cal. Jan. 13, 2012).
IT IS SO ORDERED.
