ING Bank, fsb v Mikels

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 10/18/2011 GRANTING in part defendants' 9 Motion for Extension of Time. The Hearing on the 3 Motion to Remand is CONTINUED to 12/1/2011 at 10:00 AM in Redding (CMK). Defendants' Opposition to this Motion, if any, shall be filed on or before 11/17/2011. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ING BANK, FSB,

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No. CIV S-11-2400-KJM-CMK

Plaintiff,
vs.

ORDER

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MARSHALL-EDWARDS MIKELS, et al.,

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Defendants.

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/
This action was removed to this court from the Siskiyou County Superior Court

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by the defendants, proceeding in propria persona. Pending before the court is plaintiff’s motion

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to remand this action back to the state court where it originated. This motion is currently set for

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hearing on November 2, 2011, at 10:00 a.m. before the undersigned. Defendants have filed a

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motion for an extension of time to respond the motion, and have requested a continuation of the

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hearing to January 12, 2011. No opposition to the extension has been received by the court.

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Good cause appearing therefor, the court will grant defendants’ motion in part.

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The court finds a two month continuation on this motion to be excessive. However, a shorter

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continuance will be granted, providing defendants with an opportunity to oppose the motion,

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which shall be filed pursuant to Local Rule 230.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants’ motion for an extension of time (Doc. 9) is granted in part;

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2.

The hearing on the motion to remand is continued to December 1, 2011, at

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10:00 before the undersigned in Redding, California;
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Defendants’ opposition to the motion, if any, shall be filed on or before

November 17, 2011.

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DATED: October 18, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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