Rivera v. GMAC Mortgage et al

Filing 38

ORDER signed by Senior Judge Lawrence K. Karlton on 10/23/09 ORDERING that Paul Financial shall serve the Frank Declaration with all exhibits on plaintiff by November 2, 2009. Plaintiff shall file an amended opposition, if any, to Paul Financial 9;s motion in light of the exhibits by November 12, 2009. Paul Financial shall file its reply, if any, by November 23, 2009. Furthermore, the court does not find oral argument necessary in this matter. Accordingly, the hearing currently set for October 26, 2009 is VACATED. (Becknal, R)

1 2 3 4 5 6 7 LUZ RIVERA, 8 NO. CIV. S-09-1639 LKK/JFM 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 / Pending before the court in the above-captioned case are a motion to dismiss by defendants GMAC Mortgage, ETS Services, LLC and Mortgage Electronic Registration Systems, Inc., Doc. No. 20, and a motion to dismiss or alternatively for a more definite statement by defendant Paul Financial, LLC, ("Paul Financial") Doc. No. 22. In its motion and reply, Paul Financial frequently v. ORDER GMAC MORTGAGE, JP MORGAN CHASE, PAUL FINANCIAL, LLC, ETS SERVICES, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., REPUBLIC 2, JOE NGUYEN, MINH DUONG and DOES 1-20, inclusive, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

supported its arguments with exhibits attached to the Declaration of Melanie Frank ("Frank Decl.). Paul Financial neglected to file and serve the Frank Decl. with its motion. Defendant did, however, file the declaration and its exhibits in its prior motion to 1

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dismiss plaintiff's original complaint. Plaintiff purports that because she was not served with the declaration in the present motion that she was unaware of its contents. Opposition to Paul Financial's Motion to Dismiss at p.9 n.4. Accordingly, plaintiff did not address any of defendant's arguments relying on the exhibits to the declaration. Id. For the foregoing reasons, the court orders that Paul Financial shall serve the Frank Declaration with all exhibits on plaintiff by November 2, 2009. Plaintiff shall file an amended opposition, if any, to Paul Financial's motion in light of the exhibits by November 12, 2009. Paul Financial shall file its reply, if any, by November 23, 2009. Furthermore, the court does not find oral argument necessary in this matter. Accordingly, the hearing currently set for October 26, 2009 is VACATED. IT IS SO ORDERED. DATED: October 23, 2009.

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