Isaacs et al v. Countrywide Bank, N.A. et al

Filing 51

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 THEODORE ISAACS and NORMA ISAACS, Plaintiffs, 12 13 14 15 16 17 18 19 20 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 21 Servicing LP, (erroneously sued as “Countrywide Home Loans Servicing” and “Country Wide 22 Home Loans Servicing”), The Bank of New York Mellon (erroneously sued as “The Bank of 23 New York”), and Recontrust Company, N.A. (erroneously sued as “Recon Trust Company”), 24 filed a motion to dismiss plaintiffs’ amended complaint. Plaintiffs failed to timely respond. At 25 the case management conference, the Court ordered a Countrywide Bank/Bank of America 26 representative who has decision-making authority regarding plaintiffs’ request for a loan 27 modification to be present at a further case management conference set for August 9, 2012. For 28 this reason, plaintiffs have explained, they did not file an opposition to the motion to dismiss. 1 Briefing on the motion to dismiss will be STAYED until August 9, pending a decision 2 concerning a loan modification for plaintiffs. If necessary, a new briefing schedule and hearing 3 date will be set during the case management conference. 4 5 IT IS SO ORDERED. 6 7 Dated: July 23, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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