Hoffman v. IndyMac Bank FSB et al

Filing 22

ORDER CONTINUING HEARING ON MOTION TO DISMISS. The hearing on the motion to dismiss, filed by OneWest Bank, FSB, Mortgage Electronic Registration Systems, Inc., Quality Loan Service Corporation, McCarthy & Holthus, LLP, Gayle Jameson, and Federal National Mortgage Association, is continued from July 2, 2010 to July 9, 2010. Signed by Judge Maxine M. Chesney on June 4, 2010. (mmclc1, COURT STAFF) (Filed on 6/4/2010)

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 On May 27, 2010, defendants OneWest Bank, FSB, Mortgage Electronic Registration Systems, Inc., Quality Loan Service Corporation, McCarthy & Holthus, LLP, Gayle Jameson, and Federal National Mortgage Association filed a motion to dismiss plaintiff Delaine M. Hoffman's First Amended Complaint, and noticed the motion for hearing on July 2, 2010. On May 27, 2010, said defendants endeavored to serve plaintiff by mail with a copy of the motion at her prior, rather than then current, address of record; on June 1, 2010, defendants served plaintiff by mail with a copy of the motion at her current address of record. Under the Local Rules of this District, a motion must be noticed for hearing "not less than 35 days after service of the motion." See Civil L.R. 7-2(a). Consequently, because plaintiff was not served by mail at her current address of record until June 1, 2010, the v. INDYMAC BANK FSB, et al., Defendants / DELAINE M. HOFFMAN, Plaintiff, No. C-10-0802 MMC ORDER CONTINUING HEARING ON MOTION TO DISMISS United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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earliest Friday on which the motion can properly be heard is July 9, 2010. Accordingly, the hearing on the above-referenced motion to dismiss is hereby CONTINUED from July 2, 2010 to July 9, 2010. In light of the above continuance, plaintiff's opposition, if any, shall be filed and served on defendants on or before June 18, 2010, and defendants' reply, if any, shall be filed and served on plaintiff on or before June 25, 2010. See Civil L.R. 7-3. IT IS SO ORDERED.

Dated: June 4, 2010

MAXINE M. CHESNEY United States District Judge

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