Bever v. Cal-Western Reconveyance Corp. et al

Filing 55

ORDER GRANTING Motion for Leave to File a Late Response to the Motion to Dismiss (Doc. 50 ) and Allowing Defendants to File Any Reply by March 26, 2013, Signed by District Judge Anthony W. Ishii on 3/20/2013. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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GLENN W. BEVER,

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Plaintiff,
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v.
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CAL-WESTERN RECONVEYANCE
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CORP.; CITIMORTGAGE, INC.;
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC.
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Defendants.
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____________________________________)

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1:11-CV- 1584 AWI SKO
ORDER GRANTING MOTION FOR
LEAVE TO FILE A LATE
RESPONSE TO THE MOTION TO
DISMISS AND ALLOWING
DEFENDANTS TO FILE ANY
REPLY BY MARCH 26, 2013
(Document #50)

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Defendants have filed a motion to dismiss. The motion was originally set for hearing to

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be held on September 17, 2012. When Plaintiff failed to file a timely opposition, on September

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14, 2012, the court took the motion under submission and vacated the hearing date. See Local

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Rule 230.

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On September 14, 2012, Plaintiff filed a motion for leave to file an opposition to the
motion to dismiss, along with an opposition to Defendants’ motion.

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The court has reviewed the record in this action. The court finds that before ruling on the

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pending motion to dismiss, the court should allow Defendants to file any reply brief to Plaintiff’s

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opposition because the court had not yet officially ruled on Plaintiff’s pending motion for leave

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to file an opposition.

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//

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Accordingly, the court ORDERS:

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1.

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Plaintiff’s motion for leave to file a response to Defendants’ motion to dismiss is
GRANTED nunc pro tunc,

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2.

The Court will consider Plaintiff’s opposition filed on September 14, 2012;

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3.

If Defendants desire, they may file any reply brief by March 26, 2013;

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4.

After March 26, 2013, the court will take the pending motion to dismiss under

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submission and issue a decision.

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IT IS SO ORDERED.

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Dated:
9h0d30

March 20, 2013
SENIOR DISTRICT JUDGE

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