Blackwell v. IndyMac Bank FSB et al

Filing 10

ORDER VACATING OSC; ORDER SCHEDULING HEARING RE MOTION TO DISMISS re 8 Order to Show Cause, 4 MOTION to Dismiss FIRST AMENDED COMPLAINT AGAINST FEDERAL HOME LOAN MORTGAGE CORPORATION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Federal Home Loan Mortgage Corporation. Signed by Judge Maria-Elena James on 10/13/2009. (mejlc1, COURT STAFF) (Filed on 10/13/2009)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
JUDITH BLACKWELL, v. Plaintiff(s), No. C 09-04027 MEJ ORDER VACATING OSC ORDER RE: MOTION TO DISMISS

INDYMAC BANK FSB, Defendant(s). _____________________________________/

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On September 21, 2009, the Court issued an order to show cause why this case should not be dismissed for Plaintiff's failure to prosecute. (Dkt. #8.) Having received Plaintiff's counsel's response, the Court hereby VACATES the order to show cause. As Defendant's motion to dismiss (Dkt. #4) remains pending, Plaintiff shall file any opposition by October 15, 2009, and Defendant shall file any reply by October 22, 2009. The Court shall conduct a hearing on November 5, 2009 at 10:00 a.m. in Courtroom B. 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Plaintiff is also reminded that she has not filed her consent/declination form. (See Dkt. #7.) Plaintiff shall file her consent/declination by October 15, 2009. IT IS SO ORDERED.

Dated: October 13, 2009

_______________________________ Maria-Elena James Chief United States Magistrate Judge