Munoz, et al. vs. PHH Mortgage Corp., et al.

Filing 167

ORDER DENYING 98 Motion to Strike, 107 Motion for Summary Judgment, and 114 Motion for Class Certification without Prejudice signed by Chief Judge Anthony W. Ishii on 9/9/2011. (Sant Agata, S)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 EFRAIN MUNOZ, LEONA LOVETTE ) and STEPHANIE MELANI, individually ) and on behalf of all others similarly , ) ) Plaintiffs, ) v. ) ) PHH CORP., PHH MORTGAGE ) CORP., PHH HOME LOANS, LLC, ) and ATRIUM INSURANCE CORP., ) ) Defendants. ) ____________________________________) 1:08-CV-0759 AWI DLB ORDER REGARDING PENDING MOTIONS (Documents #98, #107, & #114) 18 19 On January 18, 2011, Plaintiffs’ filed a motion to strike affirmative defenses. On 20 February 11, 2011, Defendants filed a motion for summary judgment. On February 11, 2011, 21 Plaintiffs filed a motion for class certification. On September 9, 2011, Magistrate Judge 22 Dennis L. Beck stayed this action. 23 An administrative review of the docket in this action reveals that the motion to strike, 24 motion for summary judgment, and motion for class certification have been administratively 25 termed as outstanding motions. 26 delay ruling on a pending motion for more than six months. 27 stayed, the court finds that in the interests of efficient case management the pending motions 28 must be denied without prejudice. Pursuant to the Civil Justice Reform Act, this court is not to Because this action has been 1 2 Accordingly, the court ORDERS that the motion to strike, motion for summary judgment, and motion for class certification are DENIED without prejudice. 3 4 IT IS SO ORDERED. 5 6 Dated: 0m8i78 September 9, 2011 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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