Brantley et al v. Boyd et al

Filing 146

ORDER. Signed by Judge Samuel Conti on 7/9/2010. (sclc2, COURT STAFF) (Filed on 7/9/2010)

Brantley et al v. Boyd et al

Doc. 146

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For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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LARRY TYRONE BRANTLEY, SR., ELLEN ) Case No. 07-6139 SC BRANTLEY, ) ) ORDER Plaintiffs, ) v. ) ) GARRETT BOYD, MODO REALTY, INC., ) PRAVEEN CHANDRA, ACADEMY ESCROW, ) SCHWARTZ & FENSTER, P.C., and ) DOES 1-10, ) ) Defendants. ) _________________________________ ) ) AND RELATED CROSS-ACTIONS ) ) ) The Court held a Status Conference in this case on July 9, 2010. On February 3, 2010, Defendant Schwartz & Fenster, P.C., Docket No.

filed a Declaration of Trustee's Non-Monetary Status. 136.

California Civil Code section 2924l(d) provides that "[i]n

the event that no objection is served within the 15-day objection period, the trustee shall not be required to participate any further in the action or proceeding." No party has objected.

Accordingly, Defendant Schwartz & Fenster, P.C., is DISMISSED from this case. In its November 19, 2009 Order, the Court explained the circumstances under which it would enter Judgment in favor of Praveen Chandra and against Academy Escrow in the amount of

Dockets.Justia.com

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For the Northern District of California

$180,000.

See Docket No. 129.

This offer to Praveen Chandra

remains in effect. The Court ORDERS that the parties must complete mediation of this case within thirty (30) days. Although the Court granted

Plaintiffs Larry and Ellen Brantley ("Plaintiffs") leave to file an Amended Complaint, see Docket No. 122, the Amended Complaint was filed twenty seven days late on November 13, 2009, and a number of Defendants objected. Docket Nos. 125, 126, 127. If this case does

not settle during mediation, Plaintiffs should request a hearing date to address this issue after mediation has been completed.

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 9, 2010 UNITED STATES DISTRICT JUDGE IT IS SO ORDERED.

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