Aniel et al v. Aurora Loan Services LLC et al

Filing 153

ORDER FOLLOWING REMAND, DIRECTING PLAINTIFFS TO FILE AMENDED COMPLAINT AND SETTING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/18/2014. Case Management Conference set for 4/25/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland.. Signed by Judge Jeffrey S. White on 1/27/14. (jjoS, COURT STAFF) (Filed on 1/27/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FERMIN SOLIS ANIEL and ERLINDA
ABIBAS ANIEL,

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No. C 10-01042 JSW

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ORDER FOLLOWING REMAND,
DIRECTING PLAINTIFFS TO
FILE AMENDED COMPLAINT
AND SETTING INITIAL CASE
MANAGEMENT CONFERENCE

v.
For the Northern District of California

United States District Court

Plaintiffs,
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AURORA LOAN SERVICES LLC, et al.,
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Defendants.
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On December 13, 2013, the United States Court of Appeals for the Ninth Circuit

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affirmed in part and reversed in part this Court’s Order dismissing this lawsuit, which arose out

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of nonjudicial foreclosure on Plaintiffs’ rental property.

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The Ninth Circuit affirmed this Court’s decision that Plaintiffs failed to state a claim

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under the Fair Debt Collection Practices Act. However, it reversed this Court’s dismissal of the

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wrongful foreclosure claim with prejudice, and it remanded the case with directions to permit

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Plaintiffs to amend their wrongful foreclosure claim.

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The Court has received the mandate from the Ninth Circuit. Accordingly, in accordance

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with the directions from the Ninth Circuit, it is HEREBY ORDERED that Plaintiffs shall file

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and serve an amended complaint, which shall be limited to the wrongful foreclosure claim, by

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no later than February 28, 2014.

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Defendants shall answer or otherwise respond in the time permitted by the Federal Rules
of Civil Procedure.

It is FURTHER ORDERED that the parties shall appear for a joint case management on

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Friday, April 25, 2014 at 11:00 a.m. in Courtroom 5, 2d Floor, 1301 Clay Street, Oakland,

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California. The parties’ case management statements shall be due by no later than April 18,

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2014.

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IT IS SO ORDERED.
Dated: January 27, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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FERMIN SOLIS ANIEL et al,
Case Number: CV10-01042 JSW
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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AURORA LOAN SERVICES LLC et al,

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Defendant.

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For the Northern District of California

United States District Court

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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 January 27, 2014, 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.

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Erlinda Abibas Aniel
Fermin Solis Aniel
75 Tobin Clark Drive
Hillsborough, CA 94010
Dated: January 27, 2014
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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