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Everett Burns, et al v. Washington Mutual

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 31, 2011

EVERETT BURNS, ET AL.,
PLAINTIFFS,
v.
WASHINGTON MUTUAL, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER DENYING AS MOOT 12 DEFENDANT'S MOTION FOR MORE DEFINITE STATEMENT AND VACATING SEPTEMBER 15, 2011 MOTION HEARING AND CASE MANAGEMENT CONFERENCE

Plaintiffs Everett Burns and Kim Hicks-Burns originally filed suit in this matter pro se.

Defendant EMC Mortgage Corp. ("Defendant") has filed a motion for more definite statement with 19 respect to Plaintiff's original pro se Complaint. That motion is currently set for hearing on Thursday, September 15, 2011. On August 22, 2011, however, Plaintiffs filed a notice of 21 substitution of counsel, informing the Court that Attorney Wendell J. Jones is now their counsel of 22 record. On August 22, 2011, Mr. Jones filed an Amended Complaint on behalf of Plaintiffs. 23

In light of Plaintiffs' retention of counsel and filing of an Amended Complaint, Defendant 24 now represents to the Court that its pending motion is moot, and that it intends to file a motion to 25 dismiss in response to the Amended Complaint. See August 31, 2011 Joint Case Management 26 Statement at 3 (where Defendant states its position that "[t]his motion is now moot given the fact 27 that Plaintiffs filed a FAC on August 22, 2011.").

Accordingly, the Court DENIES AS MOOT Defendant's motion for a more definite 2 statement, and vacates the September 15, 2011 motion hearing. The September 15, 2011 case 3 management conference is continued to Wednesday, November 16, 2011 at 2:00 p.m. If, as 4 anticipated, Defendant files a motion to dismiss the Amended Complaint, the Court will continue 5 the case management conference to the date of the hearing.

IT IS SO ORDERED.

20110831

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