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

Filing 28

ORDER signed by Magistrate Judge Deborah Barnes on 7/28/2017 GRANTING 27 Request for Extension of Time; CONTINUING the Motion Hearing on 25 Motion to Dismiss to 9/8/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; ORDERING the plaintiffs to respond to said motion by 8/25/2017. (Michel, G.)

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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 July 6, 2017, defendant filed a motion to dismiss. (ECF No. 25.) That motion is 28 noticed for hearing before the undersigned on August 11, 2017. However, on July 18, 2017, 1 1 plaintiffs filed a request for an extension of time to file opposition to defendant’s motion to 2 dismiss. (ECF No. 27.) Therein, plaintiffs note that they did not receive a copy of defendant’s 3 motion to dismiss and that it appears defendant may have mistakenly served a copy of the motion 4 at plaintiffs’ prior address. (Id. at 2.) Good cause appearing, plaintiffs’ request for an extension 5 of time will be granted. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiffs’ July 18, 2017 request for an extension of time (ECF No. 27) is granted; 8 2. The August 11, 2017 hearing of defendant’s motion to dismiss (ECF No. 25) is 9 continued to Friday, September 8, 2017, at 10:00 a.m., at the United States District Court, 501 I 10 11 Street, Sacramento, California, in Courtroom No. 27, before the undersigned; and 3. Plaintiffs shall file an opposition or statement of non-opposition to defendant’s motion 12 to dismiss on or before August 25, 2017. 13 Dated: July 28, 2017 14 15 16 17 18 19 20 21 22 23 24 DLB:6 DB\orders\orders.pro se\hall2828.eot.orrd 25 26 27 28 2

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