Noble v. Wells Fargo Bank, N.A.

Filing 70

ORDER Resetting Hearings and Directing Submission of Additional Briefing, signed by District Judge Dale A. Drozd on 4/12/2016. (1. The motions currently pending before this court 27 , 43 , 46 , 47 , 53 , 55 , 56 , 57 , 58 , and 61 are reset for hearing on 5/17/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. 2. Plaintiff is directed to file a supplemental brief clarifying her state law basis as to each named defendant's alleged duty of care, by 5 /3/2016. Plaintiff's brief may be no longer than five pages in length. 3. Defendants are granted leave to collectively file, at their election, a single opposition brief in response to plaintiff's supplemental brief, by 5/10/2016. Defendants' brief may be no longer than five pages in length.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BROOKE NOBLE,

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No. 1:14-cv-01963-DAD-EPG

Plaintiff,
v.
WELLS FARGO BANK, N.A. et al.,

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ORDER RESETTING HEARINGS AND
DIRECTING SUBMISSION OF
ADDITIONAL BRIEFING

Defendant.

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Pending before the court are several motions and requests relating to plaintiff Brooke

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Noble’s first amended complaint (Doc. No. 25). In light of the common issues raised in these

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motions, the court resets the hearings on these motions as follows:

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

The following motions, previously set for April 19, 2016, are continued for hearing to
May 17, 2016, at 09:30 AM in Courtroom 5:
o Defendant Wells Fargo Bank, N.A.’s motion to strike, or in the alternative,

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motion to dismiss (Doc. No. 27); and motion for an order dropping sham

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defendants (Doc. No. 43); and

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o Defendant Robert Landucci’s motion to strike and alternative motion to

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dismiss (Doc. No. 46); motion to strike or dismiss individual named

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defendants (Doc. No. 47); and motion for attorney’s fees under Rule 11 (Doc.

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No. 53).
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

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The following motions, previously set for May 3, 2016, are continued to May 17,
2016, at 09:30 AM in Courtroom 5:

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o Defendant Marlene Hubbell’s motions to strike and alternative motions to

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dismiss (Doc. Nos. 56, 58); and motion for order striking or dismissing

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individually named sham defendant Hubbell (Doc. No. 57); and
o Plaintiff Noble’s motion for leave to amend the first amended complaint (Doc.

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No. 61).


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Defendant Scott Harris’s motion to strike and alternative motion to dismiss (Doc. No.
55), previously set for June 7, 2016, is advanced to May 17, 2016, at 09:30 AM in

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Courtroom 5.

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The parties are directed to file any opposition or reply briefs (to the extent they have not

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already been filed) in connection with these motions in accordance with Local Rule 230. The

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parties are also encouraged to appear for the May 17 hearing telephonically and may do so by

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coordinating a conference call (either through an operator or on an internal phone system). After

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all parties appearing telephonically are on one line, please call Judge Drozd’s chambers at (559)

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499-5650 at the time of the hearing. At least 48 hours prior to the hearing parties requesting to

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appear telephonically must contact the courtroom deputy by email, at

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[e-mail], to advise who will be appearing by phone and provide a contact

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number of the party who is initiating the conference call.

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In addition, based on the papers filed in connection with these various motions thus far,

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the court has determined that the issues raised require additional briefing with respect to

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plaintiff’s wrongful death and negligence infliction of emotional distress causes of action. To the

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extent these causes of action are based on purportedly negligent acts, the court seeks clarification

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as to plaintiff’s state law basis for alleging that each of the named defendants owed a duty of care

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to plaintiff or the decedent. In order to assist resolution of the pending motions, the court directs

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the parties to file supplemental briefing with respect to this specific issue.

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Accordingly, for the reasons set forth above:

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1. The motions currently pending before this court (Doc. Nos. 27, 43, 46, 47, 53, 55, 56,

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57, 58, 61) are reset for hearing on May 17, 2016.

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2. Plaintiff is directed to file a supplemental brief clarifying her state law basis as to each

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named defendant’s alleged duty of care, by May 3, 2016. Plaintiff’s brief may be no

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longer than five pages in length.

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3. Defendants are granted leave to collectively file, at their election, a single opposition

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brief in response to plaintiff’s supplemental brief, by May 10, 2016. Defendants’ brief

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may be no longer than five pages in length.

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IT IS SO ORDERED.
Dated:

April 12, 2016
UNITED STATES DISTRICT JUDGE

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