Hernandez et al v. Sroa et al

Filing 57

ORDER GRANTING JOINT REQUEST FOR CONTINUANCE. The hearing on BNC's Amended Motion to Dismiss is continued from January 16, 2009 to January 30, 2009. Signed by Judge Maxine M. Chesney on December 18, 2008. (mmclc1, COURT STAFF) (Filed on 12/18/2008)

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ANTONIO L. CORTÉS Attorney at Law Bar No. 142356 528 Wisteria Way San Rafael, California 94903 Tel: [phone] Fax: [phone] Attorney for Plaintiffs Jose and Virginia Hernandez UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiffs, ) ) v. ) ) SURINDER SROA, et al., ) ) ) Defendants ) _________________________________ ) JOSE HERNANDEZ, et al., CASE NO. CV 08-2804 MMC STIPULATED JOINT REQUEST FOR CONTINUANCE; [PROPOSED] ORDER

The undersigned counsel jointly request this honorable Court to continue, until January 30, 2009, at 9:00 am, the hearing of BNC Mortgage's Amended Motion to Dismiss, currently set for January 16, 2009 am. Good cause for the requested continuance exists in that BNC's Amended Motion contains substantial arguments not raised in the original motion, and Plaintiff's counsel, who already had a very full schedule over the holiday season, including Early Neutral Evaluation of this action, needs additional time to research those matters, and is not

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

able to complete that research and draft the opposition by the current December 26, 2008 last day to do so.

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DATED: December 16, 2008 _______________/s/_______________ Antonio L. Cortes Counsel for Plaintiffs DATED: December 16, 2008

_______________/s/_______________ Albert E. Cordova, Esq. Counsel for Surinder and Linda. Sroa and Agustin and Calista Reyes DATED: December 16, 2008

_______________/s/_______________ Sherrill Oates, Esq., Counsel for BNC Mortgage Attorney Attestation Pursuant to General Order 45, I attest that I obtained the concurrence of the other signatories to this e-filed document before filing it. DATED: December 16,, 2008 _______________/s/_______________ Antonio L. Cortes [PROPOSED] ORDER The foregoing parties having requested a continuance of the January 16, 2009 hearing of BNC Mortgage's Amended Motion to Dismiss, and good cause appearing

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

therefor, it is hereby ORDERED, that BNC Mortgage's Amended Motion to Dismiss, filed December 9, 2008, shall be heard on January 30, 2009 at 9:00 am. SO ORDERED _____________________________ Dated: December 18, 2008 __________________________________________________________________________ 2 United States District Judge STIPULATED JOINT REQUEST FOR CONTINUANCE; [PROPOSED] ORDER

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