Cabrera et al v. Countrywide Home Loans Inc. et al

Filing 51

ORDER DIRECTING SUPPLEMENTAL BRIEFING (Illston, Susan) (Filed on 2/12/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 MANUEL CABRERA, individually and behalf of the general public and a class of similarly situated 8 9 United States District Court For the Northern District of California 10 11 12 No. C 11-4869 SI ORDER DIRECTING SUPPLEMENTAL BRIEFING Plaintiffs, v. COUNTRYWIDE FINANCIAL, et al., Defendants. / Currently before the Court is a motion to dismiss plaintiffs’ Second Amended Complaint, set 13 for hearing on February 22, 2013. Defendants assert, inter alia, that plaintiffs’ second claim for 14 violation of the Equal Credit Opportunity Act (“ECOA”) is barred by the statute of limitations. 15 Plaintiffs assert several defenses to the statute of limitations argument, including that defendant 16 Countrywide entered into a tolling agreement with the United States Department of Justice, agreeing 17 to “a suspension of the running of the applicable statute of limitations for any cause of action arising 18 from review and examination determinations by the Federal Reserve Board.” Opp. 10. Defendants 19 dispute that this agreement applies to plaintiff’s case. Neither party has produced this agreement. 20 The Court directs further briefing by both parties on the applicability of this agreement to the 21 instant case, plus a copy of the agreement referred to. This supplemental briefing, which shall not 22 exceed 10 pages in length, must be filed no later than February 18, 2013. 23 24 IT IS SO ORDERED. 25 Dated: February 12, 2013 26 27 28 SUSAN ILLSTON United States District Judge

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