Hall et al v. Bank of New York Mellon et al

Filing 13

ORDER signed by Magistrate Judge Deborah Barnes on 02/13/17 ORDERING that defendant's 5 Motion to Dismiss the original Complaint is DENIED without prejudice as having been rendered moot; the 02/17/17 hearing on the 5 Motion is VACATED; defendant has 21 days to file a response to the 11 Amended Complaint. (Benson, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

ROBERT E. HALL and JANET W.
HALL,

13
14
15
16
17
18
19
20
21
22
23

Plaintiffs,

No. 2:16-cv-2828 GEB DB PS

ORDER

v.
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR CWALT, INC.,
ALTERNATIVE LOAN TRUST 20067CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-7B;
CWALT, INC., ALTERNATIVE LOAN
TRUST 2006-7CB, MORTGAGE PASS
THROUGH CERTIFICATES, SERIES
ROES 1-10 AND DOES 1 - 10, inclusive,
representing a class of unknown persons
who claim or have the right to claim an
interest in certain real property located in
Sacramento, California,
Defendants.

24
25
26

Plaintiffs are proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).

27

On January 20, 2017, defendant filed a motion to dismiss plaintiff’s original complaint.

28

(ECF No. 5.) That motion is noticed for hearing before the undersigned on February 17, 2017.
1

1

However, on February 10, 2017, plaintiffs filed a first amended complaint. (ECF No. 11.)

2

Accordingly, IT IS HEREBY ORDERED that:

3

1. Defendant’s January 20, 2017 motion to dismiss the original complaint (ECF No. 5) is

4

denied without prejudice as having been rendered moot;

5

2. The February 17, 2017 hearing of defendant’s motion to dismiss is vacated; and

6

3. Within twenty-one (21) days of the date of this order defendant shall file a response to

7

plaintiffs’ amended complaint.

8

Dated: February 13, 2017

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

DLB:6
DB\orders\orders.pro se\hall2828.mtd.moot.ord

27
28
2