Rios v. Wells Fargo Bank

Background

On August 5, 2020, Wells Fargo Bank and Wells Fargo Home Mortgage filed a motion under Federal Rule of Civil Procedure 12(b)(6), which asks the court to dismiss a complaint for failing to state a legally sufficient claim. The opinion does not describe the claims in the complaint or the alleged deficiencies identified by the defendants.

Order

The court ordered Edna Rios to notify the court by August 17, 2020, whether she intended to file an amended complaint in response to the motion or would rely on her existing complaint.

If Rios chose not to amend, the motion would proceed under the normal schedule, and the court stated that it was unlikely to give her another opportunity to amend based on deficiencies made apparent by the fully briefed motion. If she chose to amend, she had to file the amended complaint within 14 days after notifying the court of that decision.

Within 21 days after an amended complaint was filed, the defendants could answer it, file a motion to dismiss it, or notify the court by letter that they were relying on their initial motion to dismiss. The deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the court’s local rules unless the court ordered otherwise.

Disposition

Judge Vincent L. Briccetti issued a case-management order concerning the parties’ next steps. The order did not grant or deny the defendants’ motion to dismiss and did not decide whether Rios’s complaint stated a valid claim.