IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 11, 2011
MARIA CHRISTINA STEIN, AKA MARY STEIN, PLAINTIFF,
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COUNTRYWIDE BANK, FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AKA "MERS"; DOES 1-20 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
ORDER VACATING STATUS (PRETRIAL SCHEDULING) ORDER, GRANTING PLAINTIFF'S MOTION
TO FILE SECOND AMENDED COMPLAINT, AND SCHEDULING FURTHER STATUS PRETRIAL SCHEDULING CONFERENCE*fn1
Plaintiff moves for leave to file a Second Amended Complaint under Federal Rule of Civil Procedure ("Rule") 15(a)(2), arguing the proposed amendment "falls well within the liberal standard for freely allowing the amendment of pleadings." (Mot. 5:13-16.) Defendants oppose the motion. Neither party has argued the motion under the good cause standard, and in light of the congested caseload of the undersigned judge, time will not spent explaining this standard. The evident basis for Defendant's arguments opposing the motion, is the scheduling order, the significance of which neither party has shown understanding. Therefore, the scheduling order will be vacated and the motion to amend is GRANTED. Therefore, Plaintiff has five days leave from the date on which this order is filed to file the proposed Second Amended Complaint, which is attached to the Declaration of Richard C. Sinclair. (ECF No. 26, Ex. A.)
Further, a Status (Pretrial Scheduling) Conference is scheduled to commence at 9:00 a.m. on May 23, 2011. A joint status report shall be filed no later than fourteen (14) days prior to Status Conference.