Cruz et al v. Aurora Loan Services, LLC

Filing 16

ORDER GRANTING PLAINTIFFS' REQUEST TO FILE A LATE OPPOSITION. Signed by Magistrate Judge Laurel Beeler on 4/17/2015. (lsS, COURT STAFF) (Filed on 4/17/2015)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
JOSE CRUZ, et al.,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

No. C 15-00585 LB
Plaintiffs,

v.
13

ORDER GRANTING PLAINTIFFS’
REQUEST TO FILE A LATE
OPPOSITION

AURORA LOAN SERVICES LLC,
14
15
16

Defendant.
_____________________________________/
In this mortgage- and foreclosure-related action, Defendant has moved to dismiss Plaintiffs’

17

complaint. Defendant filed and served its motion on March 16, 2015, which means, under this

18

district’s civil local rules, that Plaintiffs’ opposition was due on March 30, 2015. That day came and

19

went, but Plaintiffs never filed an opposition. After Defendant filed a notice of non-opposition on

20

April 8, 2015, Plaintiffs filed an opposition the next day. In a declaration attached to the untimely

21

opposition, Plaintiffs’ counsel states that his office’s calendar clerk mistakenly thought the

22

opposition was due nine calendar days before the hearing on the motion (as he says is the rule in

23

state court). He therefore asks the court to consider his late opposition. He says that this will cause

24

no prejudice because Defendant still may have seven calendar days to file a reply (in accordance

25

with this district’s civil local rules) and there still will be enough time for the court to consider the

26

briefing because the motion is not set for hearing until May 7, 2015. Defendant has not filed

27

anything indicating that it opposes Plaintiffs’ request and in fact filed its reply to Plaintiffs’

28

opposition seven days after the opposition was filed.

1
2
3
4
5

Upon consideration of Plaintiffs’ request, the court grants it. The court will consider Plaintiffs’
late opposition and Defendant’s reply.
IT IS SO ORDERED.
Dated: April 17, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

6
7
8
9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2