Aniel et al v. Aurora Loan Services LLC et al

Filing 127

ORDER REQUIRING SUPPLEMENTAL BRIEFING. Signed by Judge Jeffrey S. White on 10/4/10. (jjoS, COURT STAFF) (Filed on 10/4/2010)

Aniel et al v. Aurora Loan Services LLC et al

Doc. 127

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA FERMIN SOLIS ANIEL and ERLINDA ABIBAS ANIEL, Plaintiffs, v. AURORA LOAN SERVICES LLC, et al., Defendants. / In its reply brief, Aurora raises a new argument that Plaintiffs now lack standing to bring the claims that remain in this case because Plaintiffs' bankruptcy proceedings have been converted from proceedings brought under Chapter 11 to proceedings brought under Chapter 7 of the United States Bankruptcy Code and, thus, because the claims have not been abandoned or qualified for an exemption, only the Trustee has standing to pursue the claims. The Court HEREBY ORDERS Plaintiffs to file a supplemental brief, not to exceed five (5) pages, that addresses this limited argument. Plaintiffs' supplemental brief shall be due by no later than 10:00 a.m. Tuesday, October 12, 2010. The Court shall not permit a further response from Aurora. The hearing on the motions to dismiss remains on calendar on October 15, 2010, unless otherwise ordered by the Court. In its Supplemental Request for Judicial Notice, Aurora submits Plaintiffs' Form 7 Statement of Financial Affairs, filed in the Bankruptcy Proceeding, which does not include a reference to this lawsuit. Accordingly, it is FURTHER ORDERED that Plaintiffs are directed

No. C 10-01042 JSW ORDER REQUIRING SUPPLEMENTAL BRIEFING

United States District Court

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For the Northern District of California

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Dockets.Justia.com

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to serve a copy of this Order on the Bankruptcy Trustee by no later than October 8, 2010, and shall file proof of such service with this Court.

IT IS SO ORDERED. Dated: October 4, 2010 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA FERMIN SOLIS ANIEL et al, Plaintiff, v. AURORA LOAN SERVICES LLC et al, Defendant. /

Case Number: CV10-01042 JSW CERTIFICATE OF SERVICE

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 4, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Erlinda Abibas Aniel 75 Tobin Clark Drive Hillsborough, CA 94010 Fermin Solis Aniel 75 Tobin Clark Drive Hillsborough, CA 94010 Dated: October 4, 2010 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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