Horner et al v. Select Portfolio Servicing, Inc.

Filing 14

ORDER signed by Judge Lawrence K. Karlton on 5/14/12 ORDERING that the first Motion to Dismiss 6 is DENIED as MOOT. The hearing currently set for 5/21/2012 is VACATED. The hearing on defendant's Motion to Expunge the Notice of Pendency Action is CONTINUED to 6/18/2012. Plaintiffs SHALL file an opposition or statement of non-opposition to the Motion to Expunge no later than 6/4/2012. The status conference currently set for 5/29/2012 at 11:30 a.m. is CONTINUED to 8/6/2012 at 2:30 p.m. in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEVERT J. HORNER, an
individual; BARBARA
HORNER, an individual,
NO. CIV. S-12-0666 LKK/KJN

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Plaintiffs,
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v.

O R D E R

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SELECT PORTFOLIO
SERVICING. INC., a
business entity, and
DOES 1 through 50,
inclusive,

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Defendants.
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/

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Plaintiffs’ original complaint was removed to this court on

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March 16, 2012. ECF No. 1. On March 23, 2012, defendant Select

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Portfolio filed a Motion to Dismiss the complaint and a Motion to

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Expunge the Notice of Pendency Action. ECF Nos. 6 and 7. Those

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motions were set for hearing on May 21, 2012. Plaintiffs filed an

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Amended Complaint on April 13, 2012. ECF No. 8. Plaintiff did not

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file an opposition or statement of non-opposition to the Motion to

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Expunge, and the deadline for doing so has passed. Defendants filed

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another Motion to Dismiss on April 30, 2012. ECF No. 10. That
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motion is set for hearing on June 18, 2012.
In light of the foregoing, the court ORDERS as follows:

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[1] The first Motion to Dismiss, ECF No. 6, is DENIED as

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MOOT. The hearing currently scheduled for May 21, 2012

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is VACATED.

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[2] The hearing on defendant’s Motion to Expunge the

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Notice of Pendency Action is CONTINUED to June 18, 2012.

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Plaintiffs SHALL file an opposition or statement of non-

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opposition to the Motion to Expunge no later than June

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4, 2012.

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[3] The status conference currently set for May 29, 2012

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at 11:30 a.m. is CONTINUED to August 6, 2012 at 2:30

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p.m.

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IT IS SO ORDERED.

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DATED:

May 14, 2012.

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