Jacobsen v. Aurora Loan Services, LLV et al

Filing 25

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME. Motion Hearing set for 5/17/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 3/6/12. (cl, COURT STAFF) (Filed on 3/6/2012)

*E-Filed 3/6/12*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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ROBERT E. JACOBSEN, et al.,

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Plaintiffs,
v.

No. C 12-00135 RS
ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME

AURORA LOAN SERVICES LLC, et al.,

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Defendants.
____________________________________/

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A hearing on plaintiffs’ motion for partial summary judgment and defendants’ motion to

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dismiss is scheduled for April 5, 2012. Defendants made a motion to extend time to file a response

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to plaintiffs’ motion. In support, defendants demonstrated that plaintiffs had informally agreed to

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this extension, yet failed to approve a stipulation prior to defendants’ response deadline. Pursuant to

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the liberal standard of Federal Rule of Civil Procedure 6(b)(1), “requests for extensions of time

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made before the applicable deadline has passed should ‘normally ... be granted in the absence of bad

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faith on the part of the party seeking relief or prejudice to the adverse party.’” Ahanchian v. Xenon

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Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010). Here, defendants’ motion is unopposed and

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there is no evidence of bad faith or unfair prejudice. The April 5, 2012 motion hearing is hereby

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vacated. The parties are directed to appear for a consolidated motion hearing on May 17, 2012 at
NO. C
ORDER

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1:30 p.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate

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Avenue, in San Francisco, California. The existing briefing schedule for defendants’ motion to

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dismiss shall remain in place. The briefing schedule for plaintiffs’ motion for partial summary

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judgment shall proceed as follows: Defendants shall submit a response by March 29, 2012.

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Plaintiffs may file a reply brief by April 5, 2012.

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IT IS SO ORDERED.

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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Dated: 3/6/12

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NO. C
ORDER

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