Deffenbaugh et al v. First California Mortgage Company et al

Filing 31

ORDER CONTINUING MOTION HEARING AND SETTING BRIEFING SCHEDULE as to 8 MOTION to Dismiss Plaintiffs' Complaint, 21 MOTION to Dismiss Complaint, 15 MOTION to Remand; AND VACATING CASE MANAGEMENT CONFERENCE. Motion Hearing set for 11/15/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 8/12/13. (jjoS, COURT STAFF) (Filed on 8/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SEAN DEFFENBAUGH and LORENA
MENDOZA,

No. C 13-02170 JSW

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ORDER CONTINUING MOTION
HEARING AND SETTING
BRIEFING SCHEDULE ON
PENDING MOTIONS AND
VACATING CASE
MANAGEMENT CONFERENCE

v.
For the Northern District of California

United States District Court

Plaintiffs,
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FIRST CALIFORNIA MORTGAGE
COMPANY, et al.,
Defendants.
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This matter is scheduled for a hearing on two motions to dismiss and a motion to remand

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on August 30, 2013. In reviewing the docket, it has come to the Court’s attention that the

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motions are not yet fully briefed or ripe for resolution, although the deadlines for responding to

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various motions has passed. In light of the fact that this case was reassigned several times, and

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the hearings on the motions have been continued several times, rather than issue an Order to

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Cause, the Court shall set a final briefing schedule in this Order, and shall continue the hearing

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from August 30, 2013, to Friday, November 15, 2013 at 9:00 a.m.

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On May 17, 2013, Defendants Citimortgage, Inc. (“Citimortage”) and Mortgage

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Electronic Registration Systems, Inc. (“MERS”), filed a motion to dismiss, which is now

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scheduled for a hearing on August 30, 2013. (Docket No. 8.) Plaintiffs have not filed an

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opposition to that motion. Accordingly, Plaintiffs shall file and serve an opposition to that

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motion by no later than Monday, August 26, 2013. Citimortgage and MERS may file and

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serve a reply by no later than Tuesday, September 3, 2013.

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On June 10, 2013, Plaintiffs filed a motion to remand. (Docket No. 15.) Citimortgage

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and MERS have opposed that motion, but Defendant First California Mortgage (“First

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California”) has not. If First California opposes the motion, it shall file and serve an opposition

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by no later than Monday, August 26, 2013. Plaintiffs shall file and serve a reply brief in

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support of their motion to remand by no later than Tuesday, September 3, 2013.

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Finally, on June 24, 2013, First California filed a Motion to Dismiss. (Docket No. 21.)

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Plaintiffs have not opposed that motion. Plaintiffs shall file and serve opposition brief by no

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later than Monday, August 26, 2013. First California may file and serve a reply brief by no

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later than Tuesday, September 3, 2013.

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For the Northern District of California

United States District Court

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If the Court finds the motions suitable for disposition without oral argument, it shall
notify the parties in advance of the hearing date.
This matter also is scheduled for a case management conference on August 16, 2013. In

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light of the pending motions to dismiss and to remand, the Court VACATES the case

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management conference. The Court shall schedule the initial case management conference, if

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necessary, in its order resolving the motions.

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Finally, the Court HEREBY ADVISES Plaintiffs that a Handbook for Pro Se Litigants,

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which contains helpful information about proceeding without an attorney, is available through

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the Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they also may

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wish to seek assistance from the Legal Help Center. Plaintiffs may call the Legal Help Center

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at 415-782-8982 or sign up on the 15th Floor of the Courthouse, Room 2796, for a free

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appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.

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IT IS SO ORDERED.
Dated:August 12, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SEAN DEFFENBAUGH et al,

Case Number: CV13-02170 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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Defendant.

MORTGAGE

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For the Northern District of California

United States District Court

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FIRST CALIFORNIA
COMPANY et al,

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 12, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Lorena Mendoza
Sean Deffenbaugh
3843 Jefferson Street
Napa, CA 94559

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Dated: August 12, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk