Yu v. America's Wholesale Lender

Filing 18

ORDER RE: THIRD PARTY MAY FONG'S MOTION TO INTERVENE AND TO EXPUNGE NOTICE OF PENDING ACTION (LIS PENDENS). Signed by Magistrate Judge Jacqueline Scott Corley on 8/5/2016. (ahm, COURT STAFF) (Filed on 8/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANE BIN YU,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-01545-JSC

v.
AMERICA’S WHOLESALE LENDER, et
al.,
Defendants.

ORDER RE: THIRD PARTY MAY
FONG’S MOTION TO
INTERVENE AND TO EXPUNGE
NOTICE OF PENDING ACTION
(LIS PENDENS)
Re: Dkt. No. 12

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Plaintiff Jane Bin Yu (“Plaintiff”), proceeding pro se, filed this action against Defendant

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America’s Wholesale Lender seeking declaratory relief to quiet title for residential property

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located at 1462 Michigan Avenue, Alviso, California 95002 (“Michigan Avenue Property”). (Dkt.

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No. 1.) On March 29, 2016, pursuant to 28 U.S.C. § 1964 and California Civil Code § 761.010,

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Judge Grewal issued a notice of lis pendens for the Michigan Avenue Property. (Dkt. No. 5.)

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On June 28, 2016, Third Party May Fong (“Fong”) moved to intervene in this case on the

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grounds that she, along with Grant Wai Fong and Ellen Gee, purchased the Michigan Avenue

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Property for value on June 13, 2016 from Bank of America. (Dkt. No. 12.) Fong also moved to

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expunge the notice of pending action (lis pendens), for attorneys’ fees, and to declare Plaintiff a

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vexatious litigant. (Id.) Pursuant to Local Rule 7-3, Plaintiff’s response to Fong’s motion was due

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on July 12, 2016. To date, Plaintiff has not filed an opposition.

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Accordingly, the Court resets the briefing and hearing schedule on Fong’s motion to
intervene as follows:

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Deadline for Plaintiff’s opposition brief:

August 18, 2016

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Deadline for Fong’s reply brief:

August 25, 2016

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Hearing on Fong’s motion to intervene:

September 8, 2016 at 9:00 a.m.

Plaintiff is warned that failure to submit an opposition brief may result in the waiver

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of any arguments against, or objections that she has to, Fong’s motion.
The case management conference scheduled for September 8, 2016 shall commence at

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9:00 a.m. and the joint case management conference statement shall be filed seven days prior to

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the conference.

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As Plaintiff is proceeding pro se, the Court encourages her to seek free assistance from the

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Northern District’s Pro Se Help Desk, United States Courthouse, San Francisco, 450 Golden Gate

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Avenue, 15th Floor, Room 2796, San Francisco, CA 94102, or the Help Desk at the Oakland

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Federal Courthouse, 1301 Clay Street, 4th Floor, Room 470S, Oakland, CA 94612. Plaintiff can

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make an appointment in person or by calling 415-782-8982.
The Clerk shall mail a copy of this Order to Plaintiff at P.O. Box 82, Alviso, California,

United States District Court
Northern District of California

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95002.
IT IS SO ORDERED.
Dated: August 5, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANE BIN YU,

Case No. 16-cv-01545-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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AMERICA'S WHOLESALE LENDER, et
al.,

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United States District Court
Northern District of California

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Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 5, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Jane Bin Yu
P. O. Box 82
Alviso, CA 95002

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Dated: August 5, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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