Zbitnoff v. Nationstar Deed of Trust, LLC

Filing 46

ORDER SETTING HEARING AND BRIEFING SCHEDULE ON MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE Replies due by 10/25/2016. Responses due by 10/18/2016. Initial Case Management Conference set for 11/10/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco. Motion Hearing set for 11/10/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 10/4/2016. (whalc2, COURT STAFF) (Filed on 10/4/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ANNA ZBITNOFF, 11 For the Northern District of California United States District Court 10 12 13 No. C 16-04237 WHA Plaintiff, v. 15 NATIONSTAR DEED OF TRUST , LLC, CITIBANK, N.A. AS TRUSTEE FOR LEHMAN XS TRUST 2006-5, DOES 1 THROUGH 100, INCLUSIVE, 16 ORDER SETTING HEARING AND BRIEFING SCHEDULE ON MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE Defendants. 14 / 17 18 On August 12, 2016, defendants filed a motion to dismiss (Dkt. No. 32). Plaintiff 19 subsequently sought leave to file an amended complaint, which the Court allowed. On 20 September 26, 2016, plaintiff filed an amended complaint (Dkt. No. 41). Defendants have 21 stated their preference to proceed with the pending motion to dismiss and address the amended 22 complaint in their reply. This order sets the following briefing schedule. Plaintiff shall respond 23 to defendants’ motion to dismiss BY OCTOBER 18, 2016. Defendants shall file a reply brief BY 24 OCTOBER 25, 2016. Plaintiff may file a surreply of no more than 15 pages by NOVEMBER 3, 25 2016. The surreply may only respond to new issues raised in the reply for the first time. A 26 hearing on the motion to dismiss shall take place on NOVEMBER 10, 2016, AT 8:00 A.M. in 27 Courtroom 8 on the 19th Floor. 28 The case management conference is continued until NOVEMBER 10, 2016, AT 8:00 A.M. 1 in Courtroom 8 on the 19th Floor. A joint case management statement is due BY NOVEMBER 3, 2 2016. 3 IT IS SO ORDERED. 4 5 Dated: October 4, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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