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)

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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

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