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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?