Yang et al v. Sun Trust Mortgage, Inc.

Filing 56

ORDER GRANTING in PART and DENYING in PART 55 the parties' stipulated request for a continuance of the scheduling conference. The Scheduling Conference currently set for 10/13/2011, is vacated and RESET to 11/15/2011, at 09:45 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 9/29/2011. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHANG BEE YANG, et al.,

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CASE NO. 1:10-cv-01541-AWI-SKO

Plaintiffs,

ORDER GRANTING IN PART AND
DENYING IN PART THE PARTIES'
STIPULATED REQUEST FOR A
CONTINUANCE OF THE
SCHEDULING CONFERENCE

v.

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SUN TRUST MORTGAGE, INC., a
Virginia Corporation; and Does 1 through
25 inclusive,

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(Docket No. 55)
Defendants.

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/
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On September 27, 2011, the parties filed a stipulated request to continue the scheduling

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conference currently set for October 13, 2011, to January 10, 2012. (Doc. 55.) The parties provided

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no explanation regarding why a three-month continuance of the scheduling conference is necessary.

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Although Plaintiffs' Third Amended Complaint ("TAC") was filed on September 21, 2011, and a

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responsive pleading has not yet been filed, it is premature to continue the scheduling conference for

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such an extensive period of time, particularly in light of the fact that this case has been pending for

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over a year.

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To allow sufficient time for Defendant to file a responsive pleading to Plaintiffs' TAC, the

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Court will grant the parties' request for a short continuance. Should the need arise for an additional

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continuance of the scheduling conference, the parties may request one at that time. Such a request

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should set forth reasons for any continuance sought.

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Accordingly, IT IS HEREBY ORDERED that:

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The parties' stipulated request for a continuance of the scheduling conference is
GRANTED IN PART and DENIED IN PART; and

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2.

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The scheduling conference currently set for October 13, 2011, is VACATED and
RESET to November 15, 2011, at 9:45 a.m.

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IT IS SO ORDERED.

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Dated:
ie14hj

September 29, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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