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Cecilia Argueta, An Individual v. J.P. Morgan Chase

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 29, 2011

CECILIA ARGUETA, AN INDIVIDUAL, PLAINTIFF,
v.
J.P. MORGAN CHASE, DBA WASHINGTON MUTUAL F.S.B.; QUALITY LOAN SERVICE CORPORATION; FEDERAL HOME LOAN MORTGAGE CORPORATION; AND DOES 1-20, INCLUSIVE, DEFENDANTS.

ORDER RE: Motion for Judgment

On June 30, 2011, the court granted defendants' motion to dismiss and gave plaintiff ten days to file a Second Amended Complaint. (Docket No. 24.) The court thereafter granted plaintiff an additional ten days to file a Second Amended Complaint. (Docket No. 29.) Because plaintiff failed to file her Second Amended Complaint in the time provided, she subsequently moved to amend her complaint and lodged her proposed Second Amended Complaint at that time. (Docket Nos. 31 and 32.) The court granted plaintiff's motion to amend and instructed plaintiff to file the Second Amended Complaint within ten days. (Docket No. 35.) Presumably because plaintiff had already lodged her Second Amended Complaint with the court, she did not re-file it after the court granted her motion to amend.

Defendants now move for judgment based on plaintiff's failure to file her Second Amended Complaint, which prompted plaintiff to file her Second Amended Complaint (Docket No. 38). Given plaintiff's lodging of her Second Amended Complaint at the time she filed her motion to amend and the fact that her Second Amended Complaint has now been filed, the court will deny defendants' Motion for Judgment.

IT IS THEREFORE ORDERED that defendants' Motion for Judgment (Docket No. 37) be, and the same hereby, is DENIED.

20110929

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