Ward v. Wells Fargo Home Mortgage, Inc. et al

Filing 27

ORDER by Judge Nathanael M. Cousins Requiring Further Briefing and Continuing Hearing, Denying as Moot 25 Motion to Appear by Telephone (nclc1S, COURT STAFF) (Filed on 3/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DAWN M. WARD, Trustee of the Al-Pheus

13 Ward Trust,
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Plaintiff,
v.

16 WELLS FARGO HOME MORTGAGE,
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Case No. 14-cv-00565 NC

INC., And DOES 1 through XXX,

ORDER REQUIRING FURTHER
BRIEFING AND CONTINUING
HEARING
Re: Dkt. No. 8, 25

Defendants.

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Defendants moved to dismiss plaintiff’s complaint and noticed a hearing set for

21 March 26, 2014. The Court now continues that hearing and orders further briefing.
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The Court cannot make a reasoned decision based on the little-to-no legal precedent

23 defendants provide in support of their motion. Therefore, defendants are ordered to submit
24 additional briefing, not to exceed ten pages, addressing the following issues and citing case
25 law that supports their arguments: 1) whether Dawn Ward as trustee of the Al-Pheus Ward
26 Trust, Dawn Ward in her individual capacity, or the estate of Al-Pheus Ward could allege
27 facts to support standing for each of plaintiff’s claims; 2) whether plaintiff has pleaded facts
28 sufficient to allege that the statute of limitation for each claim should be equitably tolled,
Case No. 14-cv-00565 NC
ORDER FOR FURTHER BRIEFING
AND CONTINUING HEARING

1 equitably estopped, or is not applicable due to a continuing violation; 3) whether plaintiff
2 has pleaded facts sufficient to allege that her non-performance or non-payment under the
3 contract were excused due to defendants’ acts that prevented her from performing.
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Defendants must submit this additional briefing by April 4, 2014. Plaintiff may

5 submit an opposition, not to exceed ten pages, by April 11, 2014. No reply is necessary.
6 The hearing is continued to April 16, 2014 at 1:00 p.m. in Courtroom A. The parties may
7 appear by phone if they prefer, but must arrange their telephonic appearance by contacting
8 Courtroom Deputy Lili Harrell at 415-522-2039. Defendants’ motion to appear by phone at
9 the March 26 hearing is denied as moot.
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IT IS SO ORDERED.

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Date: March 24, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 14-cv-00565 NC
ORDER FOR FURTHER BRIEFING
AND CONTINUING HEARING

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