Blankenchip et al v. CitiMortgage, Inc. et al

Filing 62

ORDER signed by Senior Judge William B. Shubb on 03/25/16 ORDERING that the 44 Motion for Partial Summary Judgment is DENIED, pursuant to Rule 56(d)(1), without prejudice to defendants' right to renew the motion after discovery has been completed. (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY BLANKENCHIP and
SUSAN BLANKENCHI,

No. 2:14-cv-02309 WBS-AC

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Plaintiffs,
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ORDER
v.

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CITIMORTGAGE, INC., et al.,
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Defendants.
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The parties have submitted a Stipulation (Docket No.
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61) to continue the hearing on defendants’ Motion for Summary
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Judgment (Docket No. 44) sixty days from the currently set date
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of April 18, 2016.

The court cannot allow a dispositive motion

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to remain docketed for that length of time without a hearing.
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Accordingly, the court will consider the stipulation as an
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application under Rule 56(d) of the Federal Rules of Civil
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Procedure, and for the reasons set forth in the stipulation finds
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that plaintiffs cannot present facts essential to justify their
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opposition to defendants’ motion within the time allotted.

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court therefore denies defendants’ motion for partial summary

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judgment, pursuant to Rule 56(d)(1), without prejudice to

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defendants’ right to renew the motion after discovery has been

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completed.

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IT IS SO ORDERED.
Dated:

March 25, 2016

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The