Ohlendorf v. American Brokers Conduit et al

Filing 40

ORDER signed by Senior Judge Lawrence K. Karlton on 6/3/11 VACATING hearing on 37 MOTION to DISMISS filed by T.D. Service Company; Plaintiff's opposition or statement of non-opposition due by 6/17/2011, Defendant T.D. Service Company's reply due by 6/24/2011. (Meuleman, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CRAIG OHLENDORF, NO. CIV. S-11-293 LKK/EFB 11 Plaintiff, 12 v. 13 AMERICAN BROKERS CONDUIT, 14 et al., 15 16 17 O R D E R Defendants. / On April 28, 2011, the court vacated hearings on defendants 18 American Home Mortgage Servicing, Inc., Power Default Services, 19 Inc., and Deutsche Bank National Trust Company’s motion to dismiss, 20 which was originally set for May 9, 2011, and defendant LSI Title 21 Company’s motion to dismiss, which was originally set for May 23, 22 2011. The court did not alter the deadlines for filing briefs and, 23 thus, briefing on these motions was complete on May 16, 2011. 24 On June 1, 2011, defendant T.D. Service Company filed a motion 25 to dismiss, which is set to be heard on August 1, 2011. If this 26 motion remains on the August 1, 2011 calendar, briefing will not be 1 1 complete until July 25, 2011. It is the court’s preference to 2 decide the motions to dismiss together, yet it finds a delay 3 through the end of July to be inappropriate. The court further 4 determines that, like the previously filed motions, oral argument 5 is not necessary for T.D. Service Company’s motion to dismiss. 6 For the foregoing reasons, the court ORDERS as follows: 7 (1) 8 9 Hearing on defendant T.D. Service Company’s motion to dismiss (Doc. No. 37) is VACATED. (2) Plaintiff’s opposition or statement of non-opposition to 10 defendant T.D. Service Company’s motion SHALL BE FILED on 11 or before June 17, 2011. 12 13 (3) Defendant T.D. Service Company’s reply may be filed on or before June 24, 2011. 14 IT IS SO ORDERED. 15 DATED: June 3, 2011. 16 17 18 19 20 21 22 23 24 25 26 2

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