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16-014 - Whittington v. Bank of New York Mellon, The et al


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16-014 - Whittington v. Bank of New York Mellon, The et al
June 2, 2016
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT FILED JANUARY 13, 2016 re 7 Motion to Dismiss for Failure to State a Claim. Signed by JUDGE LESLIE E. KOBAYASHI on 06/02/2016. This Court will allow Plaintiff to file a motion for leave to file an amended complaint reasserting the claims that this Court dismissed without prejudice. Plaintiff must attach a copy of her proposed amended complaint to the motion for leave to file an amended complaint. See Local Rule LR10.3 ("Any party filing or moving to file an amended complaint... shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference, except with leave of court."). This Court ORDERS Plaintiff to file her motion for leave to file an amended complaint by July 5, 2016. The motion will be referred to the magistrate judge. This Court CAUTIONS Plaintiff that, if she fails to file her motion for leave to file an amended complaint by July 5, 2016, all of the claims that this Court dismissed without prejudice in this Order will be dismissed with prejudice, and this Court will direct the Clerk's Office to issue the final judgment and close the case. In other words, Plaintiff would have no remaining claims in this case. This Court also CAUTIONS Plaintiff that, even if the magistrate judge allows Plaintiff to file her proposed amended complaint, as to any claim that this Order dismissed without prejudice, the corresponding amended claim may be dismissed with prejudice if the amended claim fails to cure the defects identified in this Order. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry
February 24, 2017
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ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT TO REOPEN CASE 41 Motion to Reopen Case. Signed by JUDGE LESLIE E. KOBAYASHI on 02/24/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry