Ahmadyar v. First Horizon Home Loans, et al

Filing 25

ORDER signed by Judge Garland E. Burrell, Jr on 09/03/09 re 24 Stipulation. IT IS ORDERED that 10 Motion to Expunge is deemed WITHDRAWN since the parties should have obtained a hearing date themselves; and 7 Motion to Dismiss is deemed WITHDRAWN since the parties' stipulation makes is unclear whether that motion should continue pending. (Streeter, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 28, 2009, the parties filed a stipulation in which they agreed that Plaintiffs could file a First Amended complaint on or before September 14, 2009. Further, the parties PATRICIA AHMADYAR, an individual; AHMAD AHMADYAR, an individual, ) ) ) Plaintiffs, ) ) v. ) ) FIRST HORIZON HOME LOANS, a Texas ) corporation; QUALITY LOAN SERVICE ) CORPORATION, and Does 1 through ) 100, ) ) Defendants. ) ) 2:09-cv-02063-GEB-EFB ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

"stipulate to the continuation of the hearing date on the motion of Defendant First Horizon Home Loans for the expungement of the lis pendens recorded in this matter [;and, state] [t]he new hearing date shall be set on a date of the Court's choosing thereafter . . .." The parties shall select a regularly law and motion date Further, the motion to expunge now scheduled

for a hearing date.

for hearing on September 14, 2009, and the motion to dismiss (filed August 3, 2009 and also set for hearing on September 14, 2009), are deemed withdrawn. The motion to expunge is deemed withdrawn since 1

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the parties should have obtained a hearing date themselves by calling [phone]. The motion to dismiss is deemed withdrawn

since the parties' stipulation makes it unclear whether that motion should continue pending. pending. IT IS SO ORDERED. Dated: September 3, 2009 Withdrawn means neither motion is now

GARLAND E. BURRELL, JR. United States District Judge

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