Isaacs et al v. Countrywide Bank, N.A. et al
Filing
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ORDER FINDING GOOD CAUSE SHOWN AND STAYING BRIEFING ON MOTION TO DISMISS re 49 Response to Order to Show Cause filed by Theodore Isaacs, Norma Isaacs. Signed by Judge Alsup on July 23, 2012. (whalc2, COURT STAFF) (Filed on 7/23/2012) (Additional attachment(s) added on 7/23/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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THEODORE ISAACS and
NORMA ISAACS,
Plaintiffs,
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No. C 12-00951 WHA
ORDER FINDING GOOD
CAUSE SHOWN AND
STAYING BRIEFING ON
MOTION TO DISMISS
v.
COUNTRYWIDE BANK, N.A., a Countrywide
Bank, N.A., original mortgage lender,
COUNTRYWIDE HOME LOANS SERVICING,
mortgage servicer, COUNTRYWIDE HOME
LOANS SERVICING, nominee/beneficiary,
NORTH AMERICAN TITLE COMPANY, title
company, THE BANK OF NEW YORK, and
RECON TRUST COMPANY,
Defendants.
/
On June 11, 2012, defendants Countrywide Bank, N.A., Countrywide Home Loans
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Servicing LP, (erroneously sued as “Countrywide Home Loans Servicing” and “Country Wide
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Home Loans Servicing”), The Bank of New York Mellon (erroneously sued as “The Bank of
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New York”), and Recontrust Company, N.A. (erroneously sued as “Recon Trust Company”),
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filed a motion to dismiss plaintiffs’ amended complaint. Plaintiffs failed to timely respond. At
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the case management conference, the Court ordered a Countrywide Bank/Bank of America
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representative who has decision-making authority regarding plaintiffs’ request for a loan
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modification to be present at a further case management conference set for August 9, 2012. For
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this reason, plaintiffs have explained, they did not file an opposition to the motion to dismiss.
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Briefing on the motion to dismiss will be STAYED until August 9, pending a decision
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concerning a loan modification for plaintiffs. If necessary, a new briefing schedule and hearing
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date will be set during the case management conference.
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IT IS SO ORDERED.
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Dated: July 23, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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