Iniguez et al v. Vantium Capital Inc et al

Filing 26

ORDER RE REQUEST FOR CONTINUANCE RE DEFENDANTS' MOTIONS TO DISMISS re 25 Opposition/Response to Motion, filed by Sherrill Iniguez, Stewart Iniguez (whalc2, COURT STAFF) (Filed on 2/11/2013)

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

STEWART INIGUEZ and SHERRILL
INIGUEZ,

12

Plaintiffs,

13
14
15
16
17
18
19

No. C 13-00037 WHA

ORDER RE REQUEST FOR
CONTINUANCE RE DEFENDANTS’
MOTIONS TO DISMISS

v.
VANTIUM CAPITAL, INC. a/k/a ACQURA
LOAN SERVICES, also as attorney-in-fact for
CASTLE PEAK 2010-1 LOAN TRUST;
CITIMORTGAGE, INC.; MORTGAGE
MASTER, INC. d/b/a MORTGAGE MASTER
PACIFIC; FIRST AMERICAN TITLE
COMPANY; QUALITY LOAN SERVICE
CORPORATION; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; and DOES
1-100 INCLUSIVE,
Defendants.

20

/

21

In this action arising out of a mortgage foreclosure on plaintiffs’ house, counsel for

22

plaintiffs has filed a request for a continuance of defendants’ motions to dismiss. There are

23

currently three motions to dismiss, filed January 31, 2013, and set for hearing on March 7.

24

Plaintiff filed a motion to remand on February 10, which is set for hearing on March 14.

25

The reasons given for the requested continuance are that: (1) counsel for plaintiffs was

26

only recently retained, on February 8, and (2) plaintiffs’ motion for remand will be dispositive,

27

as plaintiffs contend that this Court lacks subject-matter jurisdiction over this action and that it

28

should be remanded to state court. In the interest of judicial efficiency, all four motions are
hereby SET FOR HEARING ON MARCH 21. Plaintiffs may have until FEBRUARY 21 to file

1

responses to the motions to dismiss; defendants may file replies by FEBRUARY 28. Defendant’s

2

opposition to the motion to remand is due by MARCH 1, with plaintiffs’ reply due by MARCH 8.

3
4

IT IS SO ORDERED.

5
6

Dated: February 11, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

7
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