Lima v. American Home Mortage Servicing, Inc. et al

Filing 11

ORDER re 5 TAKING MOTION UNDER SUBMISSION. 10/22/09 hearing is vacated.. Signed by Judge Claudia Wilken on 10/7/09. (scc, COURT STAFF) (Filed on 10/7/2009)

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-3561 CW ORDER TAKING MOTION UNDER SUBMISSION

OSVALDINA LIMA, Plaintiff, v. AMERICAN HOME MORTGAGE SERVICING, INC.; AHMSI DEFAULT SERVICES, INC.; and FIDELITY NATIONAL TITLE COMPANY Defendants. /

On September 3, 2009, Defendants American Home Mortgage Servicing, Inc. and Ahmsi Default Services, Inc. filed a motion to dismiss. (Docket No. 5.) Pursuant to the Court's Case Management

Scheduling Order, the motion was scheduled for hearing on October 22, 2009. (Docket No. 10.) The Order notified Plaintiff that her Plaintiff has

opposition to the motion was due October 1, 2009. not filed an opposition to the motion.

Accordingly, notice is hereby given that the Court, on its own motion, shall take Defendants' motion under submission on the papers. vacated. The hearing previously scheduled for October 22, 2009 is Plaintiff's opposition to the motion will be due October

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

9, 2009, and any reply by Defendants will be due October 15, 2009. Failure by Plaintiff to file a written opposition to the motion by October 9, 2009 will result in dismissal of this case for failure to prosecute.

IT IS SO ORDERED.

Dated: 10/7/09

CLAUDIA WILKEN United States District Judge

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