Rupisan v. JP Morgan Chase Bank, N.A. et al

Filing 10

ORDER vacating hearing dates of April 9, 2012 and April 23, 2012 and taking matters under submission. signed by Chief Judge Anthony W. Ishii on 4/5/12. (Nazaroff, H)

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

JULITA RUPISAN; ERNESTO
RUPISAN,

)
)
)
Plaintiffs,
)
)
v.
)
)
JP MORGAN CHASE BANK, NA;
)
CALIFORNIA RECONVEYANCE
)
COMPANY; DEUTSCHE BANK
)
NATIONAL TRUST COMPANY; SHEA )
MORTGAGE; and DOES 1 through 50, )
unclusive,
)
)
Defendants.
)
____________________________________ )

1:12-CV-0237 AWI GSA

ORDER VACATING
HEARING DATES OF APRIL
9, 2012, AND APRIL 23, 2012,
AND RELATED ORDERS

18
19
This is an action for declaratory and injunctive relief by plaintiffs Julita Rupisan and
20
Ernesto Rupisan (“Plaintiffs”) against defendants JP Morgan Chase Bank, California
21
Reconveyance Company, Deutsche Bank National Trust Company and Shea Mortgage
22
(“Defendants”). Currently before the court are two motions to dismiss pursuant to Rule
23
12(b)(6) of the Federal Rules of Civil Procedure. Both motions were filed on March 9, 2012;
24
the first was filed by Shea Mortgage and the second was filed by JP Morgan Chase Bank,
25
California Reconveyance Company and Deutsche Bank National Trust Company. The first
26
of the motions to dismiss was scheduled for oral argument to be held on April 9, 2012, the
27
second motion to dismiss was scheduled for argument to be held on April 23, 2012. As of
28
this writing no opposition or other response has been filed by Plaintiffs regarding either

1
2

motion.
While the motion by Shea Mortgage may not be opposed at oral argument because

3

opposition to the motion was not filed timely, Local Rule 78-230(b), the court has examined

4

both motions to dismiss and finds they are both suitable for decision without oral argument.

5

Local Rule 78-230(h). Therefore, IT IS HEREBY ORDERED that the previously set hearing

6

dates of April 9, 2012, and April 23, 2012, are VACATED, and no party shall appear at those

7

times. As of April 23, 2012, the Court will take the matter under submission, and will

8

thereafter issue its decision. The court will consider any responsive pleading by Plaintiffs to

9

either or both of the motions to dismiss provided such responsive pleading is filed not later

10

than 4:00 p.m. on Thursday, April 19, 2012. Neither Defendant party shall reply to any

11

opposition filed by Plaintiffs unless directed to do so by the court.

12
13

IT IS SO ORDERED.

14
15

Dated:
0m8i78

April 5, 2012
CHIEF UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2