Newbeck et al v. Washington Mutual Bank et al

Filing 25

ORDER taking motions under submission re 20 MOTIONS to Dismiss Complaint filed by JPMORGAN CHASE BANK, N.A., AN ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER, 13 MOTION to Dismiss filed by Plaza Home Mortgage Inc; Hearing previously scheduled for 10/1/2009 is VACATED.. Signed by Judge Claudia Wilken on 9/23/2009. (cp, COURT STAFF) (Filed on 9/23/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WASHINGTON MUTUAL BANK and PLAZA HOME MORTGAGE, INC., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-01599 CW ORDER TAKING MOTIONS UNDER SUBMISSION

VERONICA NEWBECK and JOHN J. FORD, III, Plaintiffs,

On August 26, 2009, Defendant Plaza Home Mortgage, Inc. filed a motion to dismiss and noticed the motion for hearing on October 1, 2009 (Docket No. 13). On August 27, 2009, Defendant JP Morgan

Chase Bank, N.A., filed a motion to dismiss and noticed the motion for hearing on October 1, 2009 (Docket No. 20). Plaintiffs'

oppositions to the motions were due by September 10, 2009. Plaintiffs have not filed oppositions to the motions. Accordingly, notice is hereby given that the Court, on its own motion, shall take Defendants' motions under submission on the papers. vacated. The hearing previously scheduled for October 1, 2009 is Plaintiffs' oppositions to the motions will be due

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

October 1, 2009, and any reply by Defendants will be due October 8, 2009. Failure by Plaintiffs to file written oppositions to the

motions by October 1, 2009 will result in dismissal of this case for failure to prosecute.

IT IS SO ORDERED.

Dated:

September 23, 2009

CLAUDIA WILKEN United States District Judge

2

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

VERONICA NEWBECK et al, Plaintiff, v. WASHINGTON MUTUAL BANK et al, Defendant. /

Case Number: CV09-01599 CW CERTIFICATE OF SERVICE

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 September 23, 2009, 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.

John J. Ford 230 Cordova Street San Francisco, CA 94112 Dated: September 23, 2009

Richard W. Wieking, Clerk By: Clara Pierce, Deputy Clerk