Wong et al v. HSBC Mortgage Corporation (USA) et al

Filing 224

ORDER DENYING DEFENDANTS' MOTION FOR SANCTIONS; VACATING HEARING. Signed by Judge Maxine M. Chesney on October 15, 2008. (mmclc1, COURT STAFF) (Filed on 10/15/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the extent defendants' motion presents issues that bear on plaintiffs' motion for class certification, the Court will consider such issues in the context of plaintiffs' motion. Indeed, both parties, in their respective papers filed in connection with plaintiffs' motion for class certification, have incorporated by reference arguments made in support of or in opposition to defendants' motion for sanctions. (See, e.g., Defs.' Opp. to Pls.' Mot. for Class Certification at 17:11-13; 23:7-12; Pls.' Reply to Pls.' Opp. to Pls.' Mot. for Class Certification at 14:25-28.)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PHILIP WONG, et al., Plaintiffs, v. HSBC MORTGAGE CORPORATION (USA), et al., Defendants /

No. C-07-2446 MMC ORDER DENYING DEFENDANTS' MOTION FOR SANCTIONS; VACATING HEARING

United States District Court

Before the Court is defendants' "Motion for Rule 11(c) Sanctions," filed September 5, 2008. Plaintiffs have filed opposition, to which defendants have replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court deems the matter suitable for decision on the parties' respective submissions, VACATES the hearing scheduled for November 7, 2008, and, for the reasons stated by plaintiffs, (see Pls.' Opp. at 2:6-8, 4:7-13), finds the motion is procedurally improper. Accordingly, the motion is hereby DENIED.1 IT IS SO ORDERED.

Dated: October 15, 2008

MAXINE M. CHESNEY United States District Judge