Ramirez, et al v. First Franklin Bank, et al

Filing 40

ORDER granting 39 Request for a Telephonic hearing signed by Judge Morrison C. England, Jr on 1/27/10. (Kaminski, H)

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Gina L. Albertson (SBN 216960) ALBERTSON LAW 6789 Quail Hill Parkway, #223 Irvine, California 92603 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants FIRST FRANKLIN FINANCIAL CORPORATION erroneously sued as FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK A.K.A. FIRST FRANKLIN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and SELECT PORTFOLIO SERVICING, INC. UNITED STATES DISTRICT COURT OF CALIFORNIA EASTERN DISTRICT-SACRAMENTO DIVISION EFRAIN RAMIREZ and MARY C. RAMIREZ, Plaintiffs, vs. SELECT PORTFOLIO SERVICING, INC.; FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK A.K.A. FIRST FRANKLIN; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ACTION REAL ESTATE FUNDING; TRACY MAX BRYAN; and DOES 1 through 20, inclusive, Defendants. U.S.D.C. Case Number: 2:09-CV-01335-MCE-KJM Complaint filed on May 13, 2009 First Amended Complaint filed on September 3, 2009 Assigned to District Judge Morrison C. England DEFENDANTS FIRST FRANKLIN FINANCIAL CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AND SELECT PORTFOLIO SERVICING INC.'S REQUEST FOR TELEPHONIC APPEARANCE WITH RESPECT TO MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT Hearing: Date: March 11, 2010 Time: 2:00 p.m. Ctrm: 7

[Filed Concurrently with Notice of Motion and Motion to Dismiss; Request for Judicial Notice; and (Proposed) Order]
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendants FIRST FRANKLIN FINANCIAL CORPORATION erroneously sued as FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK A.K.A. FIRST FRANKLIN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and SELECT PORTFOLIO SERVICING, INC. (hereinafter referred to collectively as, "Defendants") by and through their counsel of record, Gina L. Albertson of Albertson Law, hereby requests that counsel for Defendants be permitted to attend the hearing on Defendants' Motion to Dismiss the First Amended Complaint for Plaintiffs' failure to state a claim upon which relief can be granted, or in the alternative, for a more definite statement pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) and 12(e), respectively, presently set for March 11, 2010, at 2:00 p.m. or at whatever date the Court determines, telephonically by the Court contacting Defendant's counsel, Gina L. Albertson, at the telephone number [phone] at the date and time set for said noticed hearing in Courtroom 7 of the United States District Court for the Eastern District of California, Sacramento Division. Dated: January 23, 2010 ALBERTSON LAW

By:

/s/ GINA L. ALBERTSON Attorneys for Defendants FIRST FRANKLIN FINANCIAL CORPORATION erroneously sued as FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK A.K.A. FIRST FRANKLIN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and SELECT PORTFOLIO SERVICING, INC.
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The Court, having duly considered Defendants' counsels' Request for a Telephonic hearing, hereby grants said request. IT IS HEREBY ORDERED that the Court will call Gina L. Albertson, Esq. of Albertson Law, telephone number [phone] on March 11, 2010 at 2:00 p.m. or at any future date noticed with respect to Defendants FIRST FRANKLIN FINANCIAL CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and SELECT PORTFOLIO SERVICING, INC.'s Motion to Dismiss the First Amended Complaint for Plaintiffs' failure to state a claim upon which relief can be granted, or in the alternative, for a more definite statement pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) and 12(e), respectively. IT IS SO ORDERED. DATED: January 27, 2010
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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