Ward et al v. Pickett et al

Filing 27

Order by Magistrate Judge Donna M. Ryu . The previously scheduled hearing dates for the Wells Fargo Motion to Dismiss 8 and the Rothfuss Motion to Dismiss 16 are VACATED. A hearing on both motions is set for 11:00 a.m. on July 18, 20 13. Any response to the Wells Fargo Motion to Dismiss is due on June 13, 2013, and any reply is due on June 21, 2013. The briefing schedule for the Rothfuss Motion to Dismiss is unchanged. The Order to Show Cause 15 is discharged.(dmrlc2, COURT STAFF) (Filed on 6/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CHARLES E. WARD, ET AL.,

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Plaintiff(s),
v.

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GREGORY ALAN PICKETT, ET AL.,

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Defendant(s).
___________________________________/

No. C-13-01735 (DMR)
ORDER DISCHARGING ORDER TO
SHOW CAUSE [DOCKET NO. 15];
EXTENDING BRIEFING SCHEDULE
ON WELLS FARGO’S MOTION TO
DISMISS [DOCKET NO. 8]; AND
RESETTING HEARING DATES ON
BOTH MOTIONS TO DISMISS
[DOCKET NOS. 8 AND 16]

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TO ALL PARTIES AND COUNSEL OF RECORD:
On May 14, 2013, Defendant Wells Fargo (successor by merger to the Wachovia Mortgage,

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FSB, which was improperly sued as “Wachovia National Bank”) filed a motion to dismiss (“Wells

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Fargo Motion to Dismiss”). [Docket No. 8.] The hearing date on that motion was originally set for

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June 27, 2013 at 11:00 a.m. Plaintiffs failed to file a response to the motion by May 28, 2013, the

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date on which any such response was due. On May 30, 2013, the court ordered Plaintiffs to show

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cause for their failure to respond to the motion by June 6, 2013 (“Order to Show Cause”). [Docket

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No. 15.] On June 6, 2013, Plaintiffs responded to the Order to Show Cause and stated that a

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scheduling error had caused Plaintiffs’ counsel to miss the response deadline. Plaintiffs counsel

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contacted counsel for Wells Fargo, which agreed to continue the dates for the Wells Fargo Motion to

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Dismiss. On June 7, 2013, Plaintiffs and Wells Fargo filed a request for extension of time to

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respond to the Wells Fargo Motion to Dismiss. [Docket No. 20.]

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On June 4, 2013, Defendant Erin Rothfuss filed a motion to dismiss (“Rothfuss Motion to

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Dismiss”). [Docket No. 16.] The hearing date on the Rothfuss Motion to Dismiss was originally

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set for July 11, 2013 at 11:00 a.m.

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You are hereby notified that the previously scheduled hearing dates for the Wells Fargo

is set for 11:00 a.m. on July 18, 2013 at the U.S. District Court, 1301 Clay Street, Oakland,

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California 94612. For courtroom number and floor information, please check the Court’s on-line

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calendar at http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly Calendars” link, then

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select Judge Ryu’s calendar). Any response to the Wells Fargo Motion to Dismiss is due on June

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13, 2013, and any reply is due on June 21, 2013. The briefing schedule for the Rothfuss Motion to

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For the Northern District of California

Motion to Dismiss and the Rothfuss Motion to Dismiss are VACATED. A hearing on both motions

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United States District Court

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Dismiss is unchanged. The Order to Show Cause is discharged.

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IT IS SO ORDERED.

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Dated: June 12, 2013

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DONNA M. RYU
United States Magistrate Judge

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