Martinez v. America's Wholesale Lender et al

Filing 16

ORDER DENYING DEFENDANTS' MOTION TO DISMISS by Judge William Alsup [denying 5 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 1/14/2010)

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1 2 3 4 5 6 7 8 9 10 v. AMERICA'S WHOLESALE LENDER, COUNTRYWIDE HOME LOANS SERVICING LP, BANK OF AMERICA, RECONTRUST COMPANY, AND BANK OF NEW YORK MELLON, Defendants. / ORDER DENYING DEFENDANTS' MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PETRA MARTINEZ, Plaintiff, No. C 09-05630 WHA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Petra Martinez initiated this action against defendants for monetary damages and equitable relief in the Monterey County Superior Court. Defendants removed this action to federal court, and filed a motion to dismiss plaintiff's complaint. Defendants' motion to dismiss is DENIED without prejudice. Defendants shall file a motion for summary judgment by JANUARY 28, 2010. Plaintiff shall file her opposition no later than FEBRUARY 11, 2010. The hearing will be held AT 8 A.M. ON MARCH 4, 2010. Any Federal Rule of Civil Procedure 56(f) affidavit may be filed in connection with the opposition to the motion for summary judgment. IT IS SO ORDERED. Dated: January 14, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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