Khan v. ReconTrust Company et al

Filing 157

ORDER EXTENDING THE BRIEFING DEADLINES AND THE HEARING DATE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. See order for details. Set/Reset Deadlines as to 152 MOTION for Summary Judgment . Responses due by 6/8/2015. Replies due by 6/15/2015. Motion Hearing set for 6/25/2015 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 5/27/2015. (lblc2, COURT STAFF) (Filed on 5/27/2015)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
RAHILA KHAN,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. 3:12-cv-01107 LB
Plaintiff,

v.
RECONTRUST COMPANY, et al.

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Defendants.

ORDER EXTENDING THE
BRIEFING DEADLINES AND THE
HEARING DATE FOR
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
[Re: ECF No. 155]

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_____________________________________/

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Bank of America filed a motion for summary judgment on May 12, 2015. (Motion, ECF No.

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152.) Ms. Khan, who is proceeding pro se but nevertheless is an e-filer on the court’s ECF system,

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was served with the motion via ECF notification on that same day. This means that the deadline for

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her to file an opposition to Bank of America’s motion was May 26, 2015. N.D. Cal. Civ. L.R. 7-3(a).

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On that day, instead of filing an opposition, Ms. Khan filed a letter asking for more time because she

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never received a hard copy of the motion and exhibits from Bank of America. (Letter, ECF No. 155.)

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Correspondence between Ms. Khan and Bank of America, however, shows that Bank of America’s

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counsel sent Ms. Khan, as a courtesy, PDF files of the documents and also printed the documents for

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her to pick up at Bank of America’s counsel’s office, per Ms. Khan’s request. (See Wittemore Decl.,

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Exs. A-F, ECF No. 156.) She never picked them up. (Id. ¶ 10.)

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Regardless, the issue now is what to do about the briefing on and hearing date for Bank of

No. 3:12-cv-01107 LB
ORDER

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America’s pending summary judgment motion. Given her pro se status and good faith efforts during

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this litigation, the court will give her until Monday, June 8, 2015 to file an opposition to Bank of

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America’s motion for summary judgment. The court asks that Bank of America mail Ms. Khan a

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hard copy of its motion and accompanying documents. Ms. Khan may either arrange to pick up the

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hard copy documents that apparently are still waiting for her at Bank of America’s counsel’s office

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or wait to receive them in the mail, but in either case her opposition must be filed by June 8, 2015.

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Bank of America may file any reply by June 15, 2015. The court also continues the hearing on the

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motion from June 18, 2015 to June 25, 2015 at 9:30 a.m. in Courtroom C, 15th Floor, United States

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District Court, 450 Golden Gate Avenue, San Francisco, California 94102.

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It also appears that Bank of America never sent chambers copies of its motion and
accompanying documents to the court. The court orders Bank of America to deliver chambers copies

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For the Northern District of California

UNITED STATES DISTRICT COURT

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to the court no later than 12:00 p.m. on Thursday, May 28, 2015.

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IT IS SO ORDERED.
Dated: May 27, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

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No. 3:12-cv-01107 LB
ORDER

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