Hernandez et al v. Sroa et al

Filing 76

ORDER DENYING WITHOUT PREJUDICE DEFENDANT BNC MORTGAGE, LLC'S MOTION TO DISMISS; VACATING MARCH 13, 2009 HEARING. Signed by Judge Maxine M. Chesney on March 4, 2009. (mmclc1, COURT STAFF) (Filed on 3/4/2009)

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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 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE HERNANDEZ, et al., v. Plaintiffs, No. 08-2804 MMC ORDER DENYING WITHOUT PREJUDICE DEFENDANT BNC MORTGAGE, LLC'S MOTION TO DISMISS; VACATING MARCH 13, 2009 HEARING / United States District Court SURINDER SROA, et al., Defendants Before the Court is defendant BNC Mortgage, LLC's ("BNC") motion to dismiss, filed November 7, 2008 and amended December 9, 2008. On January 13, 2009, BNC filed a Notice of Stay of Proceedings, by which BNC informed the Court it has filed for bankruptcy. As a consequence, plaintiffs' claims against BNC have been automatically stayed pursuant to 11 U.S.C. § 362(a). In light of the automatic stay of proceedings against BNC, BNC's motion to dismiss is hereby DENIED without prejudice.1 IT IS SO ORDERED. Dated: March 4, 2009 MAXINE M. CHESNEY United States District Judge The hearing scheduled for March 13, 2009 is hereby VACATED.

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