Pratap et al v. Wells Fargo Bank, N.A. et al

Filing 55

ORDER Vacating Hearing Re Motion to Dismiss Signed by Judge Maria-Elena James on February 14, 2014. (mejlc3, COURT STAFF) (Filed on 2/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VIGHYAN PRATAP, et al.,

Case No. 12-cv-06378-MEJ

Plaintiffs,
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ORDER VACATING HEARING RE:
MOTION TO DISMISS

v.
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WELLS FARGO BANK, N.A., et al.,

Re: Docket No. 37

Defendants.

United States District Court
Northern District of California

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Pending before the Court is Defendants’ Motion to Dismiss. Dkt. No. 37. On December

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17, 2012, Wells Fargo Bank, N.A. (“Defendant”) removed this case to federal court based upon

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diversity of the parties. Dkt. No. 1. The Ninth Circuit is currently considering the issue of

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whether Defendant is a citizen of California in an appeal entitled Rouse v. Wachovia Bank, FSB,

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Ninth Circuit Docket No. 12-55278. Accordingly, the Court finds it appropriate to stay any

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further action in this case pending the outcome of Rouse. Accordingly, the Court VACATES the

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February 27, 2013 hearing on the motion to dismiss. The parties shall file a joint status report

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within 30 days of the Ninth Circuit’s ruling in Rouse. This stay does not affect any ADR

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deadlines in this case.

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IT IS SO ORDERED.

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Dated: February 14, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge