Bochene v. MFRA Trust 2014-2, MF Residential Accets, LLC, et al

Filing 21

ORDER signed by Magistrate Judge Deborah Barnes on 6/30/17 ORDERING that the hearing on defendants' motions to dismiss 8 , 18 are CONTINUED to 8/4/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 7/21/2017, Plaintiff shall file a statement of opposition or non-opposition to defendant Chevy Chase Bank's 18 motion to dismiss. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BOCHENE,

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Plaintiff,

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No. 2:17-cv-0768 TLN DB PS

v.

ORDER

MFRA TRUST 2014-2,
MFRESIDENTIALASSETS, LLC AS
ADMINISTRATOR, et al.,

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Defendants.

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Plaintiff Anthony Bochene is proceeding in this action pro se. This matter was referred to

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the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
Noticed for hearing before the undersigned on July 7, 2017, is defendants’ Fay Servicing,

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LLC and Wilmington Trust, National Association’s motion to dismiss. (ECF Nos. 8 & 14.)

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However, on June 29, 2017, defendant Capital One Bank as successor in interest to Chevy Chase

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Bank, FSB, (“Chevy Chase Bank”), filed a “Notice of motion and joinder in motion to dismiss.”

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(ECF No. 18 at 1.) The motion “is made pursuant to Rule 12(b)(6)” and is supported by a

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memorandum of points and authorities. (Id. at 2-3.) Defendant noticed that motion for hearing

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before the undersigned on July 7, 2017. (Id.)

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Local Rule 230(b), however, provides that a noticed motion “is to be heard not less than

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twenty-eight (28) days after service and filing of the motion.” In this regard, defendant’s June 29,

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2017 motion fails to comply with Local Rule 230.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 7, 2017 hearing of defendants’ motions to dismiss (ECF Nos. 8 & 18) are

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continued to Friday, August 4, 2017, at 10:00 a.m., at the United States District Court, 501 I

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Street, Sacramento, California, in Courtroom No. 27, before the undersigned; and

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3. On or before July 21, 2017, plaintiff shall file a statement of opposition or nonopposition to defendant Chevy Chase Bank’s June 29, 2017 motion to dismiss (ECF No. 18).
Dated: June 30, 2017

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DLB:6
DB/orders/orders.pro se/bochene0768.cont.hrg

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