Maynez et al v. Garza et al

Filing 22

ORDER vacating hearing date of November 2, 2009 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 10/28/09. (Nazaroff, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant Countrywide Home Loans (sued erroneously in the alternative under dba America's Wholesale Lender) has made a motion to dismiss for failure to state a claim. The matter is scheduled for oral argument on November 2, 2009. Plaintiffs have filed no opposition and the deadline for doing so has passed. Plaintiffs are no longer entitled to be heard at oral argument. See Local Rule 78-230(c). The court has reviewed the papers and has determined that the motion is suitable for decision without further oral argument. See Local Rule 78-230(h). Therefore, IT IS HEREBY ORDERED that the previously set hearing date of November 2, 2009, is VACATED, and no party shall appear at that time. As of that date, the court will take the matter under submission and will thereafter issue a decision. IT IS SO ORDERED. Dated: 0m8i78 October 28, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE DELIA MAYNEZ and ARTURO MAYNEZ, ) ) ) Plaintiffs, ) ) v. ) ) ELIZABETH GARZA, CALEB J. KHAN, ) SUMMERFIELD MORTGAGE & ) REALTY, AMERICA'S WHOLESALE ) LENDER, and JOSE MORENO, and ) DOES 1 through 50, inclusive, ) ) Defendants. ) ____________________________________ CIV-F-09-1422 AWI SMS ORDER VACATING HEARING OF NOVEMBER 2, 2009 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA