Jacinto v. Ditech Financial LLC et al

Filing 44

ORDER TO SHOW CAUSE; VACATING HEARING ON MOTION TO DISMISS. The hearing on defendants' Motion to Dismiss is vacated, and plaintiff is Ordered to Show Cause, in writing and no later than September 7, 2016, why the opposition should not be stricken. Signed by Judge Maxine M. Chesney on August 24, 2016. (mmclc2, COURT STAFF) (Filed on 8/24/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MODESTA JACINTO,
Plaintiff,

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v.

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United States District Court
Northern District of California

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Case No. 16-cv-02815-MMC

DITECH FINANCIAL LLC; WELLS
FARGO BANK, N.A.; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; NATIONAL DEFAULT
SERVICING CORPORATION;

ORDER TO SHOW CAUSE;
VACATING HEARING ON MOTION TO
DISMISS

Defendants.

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Before the Court is the “Motion to Dismiss First Amended Complaint,” filed July 12,

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2016, by defendants Ditech Financial LLC and Mortgage Electronic Registration

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Systems, Inc.,1 and noticed for hearing on September 2, 2016.

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On August 10, 2016, plaintiff Modesta Jacinto filed opposition thereto. As

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defendants point out in their reply, however, plaintiff’s opposition is untimely, having been

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filed almost a full month after the filing date of defendants’ motion. See Civil L.R. 7-3(a)

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(providing “opposition must be filed and served not more than 14 days after the motion

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was filed”).

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Accordingly, the hearing on defendants’ Motion to Dismiss is hereby VACATED
and plaintiff is hereby Ordered to Show Cause, in writing and no later than September 7,

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On April 28, 2016, defendant National Default Servicing Corporation filed a
Declaration of Non-Monetary Status, by which it agreed to be bound by any nonmonetary order or judgment, and, on May 26, 2016, pursuant to stipulation, defendant
Wells Fargo Bank, N.A. was dismissed from the action.

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2016, why the opposition should not be stricken.
IT IS SO ORDERED.
Dated: August 24, 2016
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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