Pacini et al v. Nationstar Mortgage

Filing 31

ORDER Re: Motion to Appear by Telephone (COUNSEL IS DIRECTED TO PROVIDE THE CLERK WITH A DIRECT DIAL PHONE NUMBER. THE COURT INITIATES ALL CONFERENCE CALLS).. Signed by Judge Susan Illston on 2/27/13. (tfS, COURT STAFF) (Filed on 2/28/2013)

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n H ER LI Attorney for Plaintiffs, SUSAN PACINI and GARY FERNANDES 6 FO an Illsto us Judge S RT 5 I NO 4 ERED ORD T IS SO A 3 Matthew D. Mellen (Bar No. 233350) Sarah Adelaars (Bar No. 281748) MELLEN LAW FIRM 411 Borel Avenue, Suite 230 San Mateo, California 94402 Telephone: (650) 638-0120 Facsimile: (650) 638-0125 R NIA S 2 UNIT ED 1 RT U O S DISTRICT TE C TA N F D IS T IC T O R 7 UNITED STATES DISTRICT COURT 8 C FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 Case No.: 3:12-CV-4606 SUSAN PACINI, an individual; GARY FERNANDES, an individual, REQUEST FOR TELEPHONIC APPEARANCE AT MOTION TO DISMISS HEARING BEFORE THE HONORABLE SUSAN ILLSTON Plaintiffs, v. NATIONSTAR MORTGAGE, LLC, as successor in interest to Aurora Loan Services, LLC, a business entity; and Does 1 through 100, inclusive, The Hon. Susan Illston DATE: March 1, 2013 TIME: 9:00 A.M. DEPT: Courtroom 10, 19th Floor Defendants. 17 18 19 20 21 22 23 24 25 26 TO THE HONORABLE COURT, PARTIES, AND ATTORNEYS OF RECORD: WHEREAS a Complaint has been set for March 1, 2013 at 9:00 a.m. before Honorable Susan Illston; WHEREAS Plaintiffs are the true owners of properties for which Defendant acts as the servicer under the Deeds of Trust securing Plaintiffs loans; WHEREAS on January 17, 2013, the Court continued Defendant Motion to Dismiss until March 1, 2013 to allow for further briefing in the motion; WHEREAS Plaintiffs counsel is located in San Mateo, California; 27 28 1 REQUEST FOR TELEPHONIC APPEARANCE AT MOTION TO DISMISS HEARING 1 2 3 WHEREAS Plaintiffs believe that given that the case is not yet at issue, a personal appearance should not be required as it would actually be more efficient for Plaintiffs to appear via telephone at the hearing as opposed to in person. 4 5 Dated: February 25, 2013 Respectfully submitted, 6 MELLEN LAW FIRM 7 8 9 10 By: _/s/ Matthew Mellen____ Matthew Mellen, Esq. Attorneys for Plaintiffs SUSAN PACINI GARY FERNANDES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 REQUEST FOR TELEPHONIC APPEARANCE AT MOTION TO DISMISS HEARING 1 2 3 4 CERTIFICATE OF SERVICE United States District Court Northern District of California Case Number: 3:12-CV-4606 I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the City of San Mateo, California; my business address is Mellen Law Firm, 411 Borel Ave., Suite 230, San Mateo, CA 94402. 5 6 7 On the date below, I served a copy of the foregoing document entitled: PLAINTIFFS REQUEST FOR TELEPHONIC APPEARANCE AT MOTION TO DISMISS HEARING 8 9 10 11 12 13 14 15 16 17 18 19 on the interested parties in said case as follows: Counsel for Defendant: Thomas Nathaniel Abbott SEVERSON & WERSON One Embarcadero Center, Suite 2600 San Francisco, CA 94111 415-398-3344 415-956-0439 (fax) tna@severson.com I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court, at whose direction the service was made. This declaration is executed in San Mateo, California on February 25, 2013. /s/ Molly Bell_________ (Signature of Declarant) Molly Bell_________ (Type or Print Name) 20 21 22 23 24 25 26 27 28 2 REQUEST FOR TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE

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