Mitchell et al v. Wells Fargo Bank, N.A.

Filing 28

ORDER REQUIRING FURTHER BRIEFING, Set/Reset Deadlines as to 18 MOTION to Strike SLAPP Suit Pursuant to C.C.P. Section 425.16; Memorandum of Points and Authorities, 10 MOTION to Dismiss The Complaint. Defendant's Supplement Brief due 11/25/13. Plaintiffs' Responses due by 12/4/2013. Signed by Magistrate Judge Kandis A. Westmore on 11/18/13. (sisS, COURT STAFF) (Filed on 11/18/2013)

1
2

United States District Court
Northern District of California

3
4
5
6

ROBERT J. MITCHELL and CHRISTINE
MITCHELL,

7
8
9

Plaintiffs,
v.
WELLS FARGO BANK, N.A.,

10

Defendant.

Case No.: CV 13-04017-KAW
ORDER REQUIRING FURTHER BRIEFING
RE: DEFENDANT WELLS FARGO, N.A.’S
MOTION TO DISMISS; ORDER
VACATING HEARING DATES ON
MOTION TO DISMISS AND MOTION TO
STRIKE

United States District Court
Northern District of California

11
12

On September 16, 2013, Defendant Wells Fargo filed a motion to dismiss Plaintiffs Robert

13

and Christine Mitchell’s complaint alleging that Wells Fargo violated the California Homeowner

14

Bill of Rights (“HBOR”), Civil Code § 2923.6(f)(3). Upon review of the pleadings, the Court

15

seeks further briefing on whether Wells Fargo was in compliance with the terms of the National

16

Mortgage Settlement Agreement, and whether such compliance precludes liability for HBOR

17

violations pursuant to Civil Code § 2924.12.

18

The supplemental briefs shall not exceed 10 pages. Defendant shall file its brief on or

19

before November 25, 2013. Plaintiffs shall file their response on or before December 4, 2013. No

20

additional briefing is permitted.

21

Upon review of the supplemental briefs, the Court will decide whether a hearing is

22

necessary or if the motion to dismiss may be resolved without oral argument pursuant to Civil

23

L.R. 7-1(b).

24
25
26
27
28

Accordingly, the November 21, 2013 hearings for Defendant’s Motion to Dismiss (Dkt.
No. 10) and Motion to Strike (Dkt. No. 18) are VACATED.
IT IS SO ORDERED.
DATE: November 18, 2013

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge