Opinion
NO. CIV. S-10-2799 LKK/KJN.
April 20, 2011
ORDER
Plaintiff Dennly Becker brings numerous claims arising out of several real property loans. On March 21, 2011, the magistrate judge issued an order and findings and recommendations on defendants Wells Fargo Bank, N.A. and Wachovia Mortgage Corporation's motions to dismiss and to strike. Specifically, the magistrate judge ordered that certain of plaintiff's claims be dismissed with leave to amend and recommended that certain other claims be dismissed with prejudice. The order and findings and recommendations contained standard language at its conclusion concerning deadlines for filing objections to the findings and recommendations. The magistrate judge further ordered plaintiff to file an amended complaint within thirty (30) days. On March 30, 2011, plaintiff filed a document titled "Plaintiff's Objection to Magistrates [sic] Judge's Findings and Recommendations," in which he expressed his opposition to both the magistrate judge's order and his findings and recommendations.
For the foregoing reasons, the court ORDERS as follows:
(1) In the interests of justice, the court shall construe plaintiff's objections (Doc. No. 50) as both a motion for reconsideration of the magistrate judge's order (Doc. No. 49) and objections to the findings and recommendations (Doc. No. 49). See L.R. 303, 304 available athttp://www.caed.uscourts.gov/caed/DOCUMENTS/localRules/EDCA%20Local%20Rules%20Effective%202.8.11.pdf.
(2) Defendants shall file an opposition to plaintiff's so-construed motion for reconsideration within fourteen (14) days of the issuance of this order. Plaintiff may file a reply within (7) days of the issuance of this order.
(3) The deadline to file a second amended complaint is VACATED. The court will address deadlines to file amendments, if any, when briefing is complete for both the construed motion for reconsideration and the findings and recommendations.
IT IS SO ORDERED.