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

Filing 358

ORDER Granting Plaintiffs' Unopposed 357 Motion for Leave to File Out of Time Nunc Pro Tunc, signed by District Judge Dale A. Drozd on 10/6/2016. (Doc. No. 355 is deemed filed timely on October 4, 2016.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EFRAIN MUNOZ, et al., individually and
on behalf of all others similarly situated,
Plaintiffs,

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v.

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No. 1:08-cv-00759-DAD-BAM

ORDER GRANTING PLAINTIFFS’
UNOPPOSED MOTION FOR LEAVE TO
FILE OUT OF TIME NUNC PRO TUNC

PHH CORP., et. al.,
(Doc. No. 357)
Defendants.

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On October 5, 2016, plaintiffs filed a motion seeking leave to file out of time nunc pro

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tunc. (Doc. No. 357.) Specifically, plaintiffs timely filed their opposition to defendants’ motion

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for decertification (Doc. No. 353) and opposition to defendants’ motion for summary judgment

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(Doc. No. 354) on October 4, 2016. However, plaintiffs filed the exhibits and supporting

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statements of fact (Doc. No. 355) in connection with that opposition on October 5, 2016, several

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hours after the filing deadline. It appears clear that plaintiff’s late filing was related to the court’s

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very recent order (Doc. No. 356) approving the filing of redacted briefs and place holder exhibits

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that had been discussed with the court the evening before. (See Doc. No. 357 at 2.) Plaintiffs

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represent to the court that defendants have no objection to the relief requested in their motion.

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(Id. at 3.)

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Accordingly, upon consideration of plaintiffs’ unopposed administrative motion for leave

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to file out of time nunc pro tunc, the court hereby grants the motion (Doc. No. 357) and orders

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that Doc. No. 355 be deemed filed timely on October 4, 2016.

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IT IS SO ORDERED.

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Dated:

October 6, 2016
UNITED STATES DISTRICT JUDGE

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