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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LEVERT J. HORNER, an individual; BARBARA HORNER, an individual, NO. CIV. S-12-0666 LKK/KJN 11 Plaintiffs, 12 v. O R D E R 13 14 15 SELECT PORTFOLIO SERVICING. INC., a business entity, and DOES 1 through 50, inclusive, 16 Defendants. 17 / 18 Plaintiffs’ original complaint was removed to this court on 19 March 16, 2012. ECF No. 1. On March 23, 2012, defendant Select 20 Portfolio filed a Motion to Dismiss the complaint and a Motion to 21 Expunge the Notice of Pendency Action. ECF Nos. 6 and 7. Those 22 motions were set for hearing on May 21, 2012. Plaintiffs filed an 23 Amended Complaint on April 13, 2012. ECF No. 8. Plaintiff did not 24 file an opposition or statement of non-opposition to the Motion to 25 Expunge, and the deadline for doing so has passed. Defendants filed 26 another Motion to Dismiss on April 30, 2012. ECF No. 10. That 1 1 2 motion is set for hearing on June 18, 2012. In light of the foregoing, the court ORDERS as follows: 3 [1] The first Motion to Dismiss, ECF No. 6, is DENIED as 4 MOOT. The hearing currently scheduled for May 21, 2012 5 is VACATED. 6 [2] The hearing on defendant’s Motion to Expunge the 7 Notice of Pendency Action is CONTINUED to June 18, 2012. 8 Plaintiffs SHALL file an opposition or statement of non- 9 opposition to the Motion to Expunge no later than June 10 4, 2012. 11 [3] The status conference currently set for May 29, 2012 12 at 11:30 a.m. is CONTINUED to August 6, 2012 at 2:30 13 p.m. 14 IT IS SO ORDERED. 15 DATED: May 14, 2012. 16 17 18 19 20 21 22 23 24 25 26 2

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