Frame v. Cal-Western Reconveyance Corporation et al

Filing 48

ORDER that Plaintiff's Motion to Extend Time to Respond to Motions to Dismiss 46 is GRANTED IN PART and DENIED IN PART. Plaintiff's request for an open-ended extension is denied. Plaintiff shall file a response to the pending motions to d ismiss 26 and 27 no later than 6/3/11. ORDER that Plaintiff's Consent to Withdraw 43 is DENIED without prejudice. ORDER the Motion for Summary Adjudication 44 is DENIED without prejudice (see attached pdf for complete information). Signed by Judge James A Teilborg on 5/25/11.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Cal-Western Reconveyance Corporation;)
US Bank, NA as Trustee Relating to the)
Chevy Chase Funding LLC Mortgage)
Backed Certificates, Series 2004-A;)
Capital One, NA; and Chevy Chase Bank)
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FSB,
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Defendants.
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Vance V. Frame,

No. CV-11-0201-PHX-JAT
ORDER

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After consideration of the pending motions, the Court rules as follows:
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IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Time Within Which
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to Respond to Motions to Dismiss (Dkt. 46) is GRANTED IN PART and DENIED IN
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PART. Plaintiff’s request for an open-ended extension pending a decision on the loan
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modification is denied. Plaintiff shall file a response to the pending motions to dismiss (Dkt.
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26 & 27) no later than Friday, June 3, 2011. No further extensions will be permitted.
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IT IS FURTHER ORDERED that Plaintiff’s Consent to Withdraw (Dkt. 43) is
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DENIED without prejudice. Plaintiff’s counsel may renew the request to withdraw after
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counsel has responded to the pending motions to dismiss.
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IT IS FURTHER ORDERED that, in connection with the extension of time in which

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Plaintiff may respond to the pending motions to dismiss, the Motion for Summary

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Adjudication of Defendant Cal-Western Reconveyance Corporation’s Motion to Dismiss

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(Dkt. 44) is DENIED without prejudice.

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DATED this 25th day of May, 2011.

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