Suruki v. OCWEN Loan Servicing, LLC et al

Filing 40

ORDER LIFTING STAY. Signed by Judge Jon S. Tigar on February 29, 2016. (wsn, COURT STAFF) (Filed on 2/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TSUNEYOSHI SURUKI,

Case No. 15-cv-00773-JST

Plaintiff,
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v.

ORDER LIFTING STAY

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Re: ECF No. 38

OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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On June 22, 2015, the Court stayed this case pending the California Supreme Court’s

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issuance of a decision in Yvanova v. New Century Mortgage Corp., 331 P.3d 1275 (Cal. 2014).

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ECF No. 34. On February 25, 2016, the parties filed a Joint Case Management Statement

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informing the Court that the California Supreme Court has issued a decision in Yvanova. ECF

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No. 38. Accordingly, the Court now lifts the stay.

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“Given the holding in [Yvanova], Defendants plan to file an amended Motion to Dismiss.”

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Id. at 2. Accordingly, the Court will deny Defendants’ prior motion to dismiss, ECF No. 21,

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without prejudice. Defendants shall file an amended motion to dismiss in light of the Yvanova

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ruling by March 25, 2016.

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The Case Management Conference remains set for June 15, 2016.

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IT IS SO ORDERED.

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Dated: February 29, 2016
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JON S. TIGAR
United States District Judge