Velez v. Bank of America , N.A. et al

Filing 119

ORDER Granting Defendants Permission to File Supplemental Brief by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 7/13/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID G. VELEZ, Plaintiff, 8 v. 9 10 BANK OF AMERICA , N.A., et al., Defendants. 11 United States District Court Northern District of California Case No. 13-cv-02834-EDL ORDER GRANTING DEFENDANTS PERMISSION TO FILE SUPPLEMENTAL BRIEF Re: Dkt. No. 118 12 13 This is a mortgage case on remand from the Ninth Circuit for the Court to reconsider a 14 prior order dismissing the case in light of the California Supreme Court’s decision in Yvanova v. 15 New Century Mortgage Corp., 62 Cal. 4th 919 (Feb. 18, 2016). In the parties’ recent case 16 management conference statement, they agreed that they previously briefed the issue of Yvanova's 17 impact on the case and “agree[d] that their respective positions are set forth in the briefs 18 previously filed with the Ninth Circuit.” They jointly requested that “the Court order the parties to 19 simply re-file their previously submitted briefs via ECF.” In light of this agreement, the Court 20 ordered the parties to file the briefs previously submitted to the Ninth Circuit with this Court. Dkt. 21 No. 111. 22 All parties filed their Ninth Circuit briefs in this Court. However, Plaintiff also filed what 23 appears to be a Reply brief recently filed by counsel in another case before the Ninth Circuit 24 addressing Yvanova. Defendants object to Plaintiff’s unauthorized supplemental filing, and seek 25 to have the supplemental brief from the other case stricken, or alternatively request an opportunity 26 to respond. 27 28 The Court will not strike Plaintiff’s unauthorized supplemental brief. Each group of Defendants is permitted to file a supplemental brief of no more than five pages, within one week 1 of the date of this Order, responding to any new arguments presented in Plaintiff’s supplemental 2 filing relating to Yvanova. 3 4 IT IS SO ORDERED. Dated: July 13, 2016 5 6 ELIZABETH D. LAPORTE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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