Nissim v. Wells Fargo Bank, N.A.

Filing 42

ORDER VACATING BRIEFING SCHEDULE ON WELL FARGOS SECOND 39 MOTION TO DISMISS THE AMENDED COMPLAINT, MAINTAINING BRIEFING SCHEDULE ON 37 FIRST AMERICANS MOTION TO DISMISS, VACATING HEARINGS AND ADDRESSING SERVICE UPON OTHER DEFENDANTS. Signed by Judge Claudia Wilken on 11/30/2012. (ndr, COURT STAFF) (Filed on 11/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JACK A. NISSIM,

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No. C 12-1201 CW

Plaintiff,

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ORDER VACATING
BRIEFING SCHEDULE
ON WELL FARGO’S
SECOND MOTION TO
DISMISS THE
AMENDED COMPLAINT
(Docket No. 39),
MAINTAINING
BRIEFING SCHEDULE
ON FIRST
AMERICAN’S MOTION
TO DISMISS (Docket
No. 37), VACATING
HEARINGS AND
ADDRESSING SERVICE
UPON OTHER
DEFENDANTS

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On March 9, 2012, Defendant Wells Fargo Bank, N.A. removed

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v.

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WELLS FARGO BANK, N.A.; FIRST
AMERICAN TITLE COMPANY; ATLANTIC
BANCORP; and NICHOLAS DUDUM,

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Defendants.

United States District Court
For the Northern District of California

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________________________________/

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this action from the San Francisco Superior Court.

Docket No. 1.

On April 6, 2012, Plaintiff Jack A. Nissim filed an amended

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complaint, adding as Defendants First American Title Company,

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Atlantic Bancorp and Nicholas Dudum.

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2012, Wells Fargo moved to dismiss Plaintiff’s amended complaint.

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Docket No. 17.

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and 27.

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Docket No. 11.

This motion is fully briefed.

On April 20,

See Docket Nos. 25

The Court previously vacated the hearing on Wells Fargo’s

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motion to dismiss, noting that it would be reset if appropriate,

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and directed the parties to participate in Alternative Dispute

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Resolution (ADR) with the assistance of the court’s ADR unit and

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report on their progress.

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the mediator filed a certificate of mediation, noting that the

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Docket No. 31.

On November 7, 2012,

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mediation process was complete and that the parties had not

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reached a settlement.

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Docket No. 36.

Because Wells Fargo’s first motion to dismiss the amended

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complaint has already been fully briefed and remains pending,

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further briefing on Wells Fargo’s second motion is not required at

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this time.

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Fargo’s second motion.

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on First American’s motion to dismiss.

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not repeat the same arguments already made in his opposition to

Thus, the Court VACATES the briefing schedule on Wells
The Court MAINTAINS the briefing schedule
However, Plaintiff need

United States District Court
For the Northern District of California

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Wells Fargo’s first motion.

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pending motions to dismiss on the papers and VACATES the hearings

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currently set for January 17, 2013 at 2:00 p.m.

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The Court will resolve the three

Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff

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was required to serve Defendants Atlantic Bancorp and Nicholas

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Dudum by August 6, 2012.

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Order, Plaintiff shall file proof of timely service upon these two

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Defendants or move for an extension of time for service and

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provide good cause in support thereof.

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result in dismissal of his claims against these Defendants for

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failure to prosecute.

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Within seven days of the date of this

Failure to do so will

IT IS SO ORDERED.

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Dated: 11/30/2012

CLAUDIA WILKEN
United States District Judge

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