McDonald et al v. Indymac Mortgage Services et al

Filing 118

ORDER VACATING SEPTEMBER 20, 2013, HEARING ON DEFENDANTS MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on September 17, 2013. (mmclc2, COURT STAFF) (Filed on 9/17/2013)

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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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DARRELL MCDONALD and FLORA

No. C-12-4610 MMC

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MCDONALD,

ORDER VACATING SEPTEMBER 20,
2013, HEARING ON DEFENDANTS’
MOTIONS TO DISMISS

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Plaintiff,

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v.
INDYMAC MORTGAGE SERVICES, et al.,

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Defendants.

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/

Before the Court are two motions to dismiss plaintiffs’ Second Amended Complaint
(“SAC”), filed, respectively, by (1) defendant Wells Fargo Bank, N.A. (“Wells Fargo”) on
August 2, 2013; and (2) defendants OneWest Bank F.S.B. (“OneWest”) and Deutsche
Bank National Trust Company (“Deutsche Bank”) on August 12, 2012, the latter of which
defendant NDeX West, LLC (“NDeX”) has joined. McDonald has filed separate oppositions
thereto, to which Wells Fargo and OneWest/Deutsche Bank have filed separate replies.1
Having read and considered the parties’ respective written submissions, Court deems the
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OneWest and Deutsche Bank failed to provide the Court with a chambers copy of
their reply. Nonetheless, the Court has considered it. For future reference, OneWest and
Deutsche Bank are reminded that, pursuant to Civil Local Rule 5-1(e)(7) and the Court’s
Standing Orders, parties are required to provide for use in chambers one paper copy of
each document that is filed electronically.

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matters suitable for decision thereon, and VACATES the hearing scheduled for

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SEPTEMBER 20, 2013.

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IT IS SO ORDERED.

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Dated: SEPTEMBER 17, 2013
MAXINE M. CHESNEY
United States District Judge

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