Schoenbart v. JPMorgan Chase Bank, National Association et al

Filing 37

ORDER RE 13 21 MOTIONS TO DISMISS.(whalc2, COURT STAFF) (Filed on 3/31/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
v.

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For the Northern District of California

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United States District Court

No. C 16-00070 WHA

THERESA SCHOENBART,

JPMORGAN CHASE BANK, N.A;
CALIBER HOME LOANS, INC.,

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ORDER RE MOTIONS TO
DISMISS

Defendants.
/

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For the reasons stated on the record at today’s oral argument, defendant JPMorgan

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Chase Bank, N.A., is hereby DISMISSED WITHOUT PREJUDICE. By NOON ON APRIL 14, 2016,

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plaintiff shall file an amended complaint, naming U.S. Bank Trust, N.A., as a defendant.

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Defendants shall respond to the amended complaint in accordance with the Federal Rules of

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Civil Procedure.

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By NOON ON APRIL 4, 2016, plaintiff’s counsel shall submit a letter affirming that they

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have spoken with their client, that she has the ability to make monthly mortgage payments, and

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shall state the amount she could realistically pay on a monthly basis. Depending on plaintiff’s

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ability to pay, the undersigned judge will consider referring this case to early mediation with the

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foreclosure ADR unit.

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IT IS SO ORDERED.

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Dated: March 31, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE