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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID G. VELEZ,
Plaintiff,

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v.

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BANK OF AMERICA , N.A., et al.,
Defendants.

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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

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This is a mortgage case on remand from the Ninth Circuit for the Court to reconsider a

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prior order dismissing the case in light of the California Supreme Court’s decision in Yvanova v.

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New Century Mortgage Corp., 62 Cal. 4th 919 (Feb. 18, 2016). In the parties’ recent case

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management conference statement, they agreed that they previously briefed the issue of Yvanova's

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impact on the case and “agree[d] that their respective positions are set forth in the briefs

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previously filed with the Ninth Circuit.” They jointly requested that “the Court order the parties to

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simply re-file their previously submitted briefs via ECF.” In light of this agreement, the Court

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ordered the parties to file the briefs previously submitted to the Ninth Circuit with this Court. Dkt.

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No. 111.

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All parties filed their Ninth Circuit briefs in this Court. However, Plaintiff also filed what

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appears to be a Reply brief recently filed by counsel in another case before the Ninth Circuit

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addressing Yvanova. Defendants object to Plaintiff’s unauthorized supplemental filing, and seek

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to have the supplemental brief from the other case stricken, or alternatively request an opportunity

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to respond.

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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

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of the date of this Order, responding to any new arguments presented in Plaintiff’s supplemental

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filing relating to Yvanova.

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IT IS SO ORDERED.
Dated: July 13, 2016

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
Northern District of California

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