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