Paed et al v. Countrywide Bank NA et al

Filing 25

ORDER by Judge Charles R. Breyer granting 21 Motion to Continue; Re-Setting Hearing Date to November 18, 2011. (crblc1, COURT STAFF) (Filed on 10/4/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER RE-SETTING HEARING
DATE

Plaintiff,

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No. C 11-03603 CRB

GENARO Q.PAED,

v.
BANK OF AMERICA, ET AL.,

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Defendants.

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Pro se Plaintiffs Genaro Paed and Corazon Paed ask the Court to extend the hearing

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date on Defendants’ Motion to Dismiss (dkt. 4) from Friday, October 7, 2011, to March 9,

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2012, because Corazon Paed has left the United States for the Philippines to seek diabetes

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treatment and will not return until February 29, 2012. See dkt. 21. Defendants complain that

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Plaintiffs’ entire lawsuit is intended to delay eviction and that an additional six month delay

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would prejudice them, and extend the time in which Plaintiffs live rent-free in the subject

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property. See Response (dkt. 23). The Court finds that Plaintiffs have not justified a six

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month delay, nor explained why Genaro Paed could not attend the hearing in Corazon Paed’s

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absence. However, in order to give Plaintiffs ample opportunity to prepare for the hearing,

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the Court VACATES the current hearing date of October 7, 2011 and RE-SETS the hearing

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//

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//

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date for Friday, November 18, 2011.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: October 4, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2011\3603\order resetting.wpd

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