Vertkin, M.D. v. Wells Fargo Home Mortgage et al

Filing 36

ORDER RE: 30 , 34 DENYING MOTION TO DISQUALIFY AND GRANTING REQUEST TO CONTINUE MOTION HEARING. Signed by Judge Richard Seeborg on 06/30/2010. (rslc3, COURT STAFF) (Filed on 6/30/2010)

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Vertkin v. Wells Fargo Home Mortgage et al Doc. 36 1 2 3 4 5 6 7 8 9 10 *E-Filed 06/30/2010* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ANNA VERTKIN, Plaintiff, No. C 10-0775 RS ORDER DENYING MOTION TO DISQUALIFY AND GRANTING REQUEST TO CONTINUE MOTION HEARING 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 v. WELLS FARGO HOME MORTGAGE, et al., Defendants. ____________________________________/ I. Motion for Disqualification On April 1, 2010, plaintiff Anna Vertkin moved to disqualify the undersigned pursuant to 28 U.S.C. 455(b)(2). On April 2, 2010, this Court denied her request and noted that Judge Seeborg at no time served as an attorney in the instant controversy, nor does the law firm with which he was associated more than ten years ago, Morrison & Foerster, LLP, represent any of the defendants in the instant controversy. Ms. Vertkin now renews her motion for disqualification. As the previous Order found, grounds for disqualification simply do not exist and Ms. Vertkin's motion must therefore be denied. II. Request to Continue Motion Hearing NO. C 10-0775 RS ORDER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 On June 29, 2010, Ms. Vertkin also lodged a request to continue the motion hearing scheduled for July 9, 2010 to an alternative date in September of this year. Her request is granted. Accordingly, a hearing on defendants' motion to dismiss shall be held on September 09, 2010 at 1:30 p.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. Ms. Vertkin also requests the opportunity to respond to defendant Wells Fargo's reply brief filed on June 29, 2010. She may do so but should limit any surreply brief to fifteen (15) pages. She shall file such brief on or before August 26, 2010. IT IS SO ORDERED. Dated: 06/30/2010 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 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 NO. C 10-0775 RS ORDER 2

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