Carley et al v. Wells Fargo Bank et al

Filing 23

ORDER VACATING HEARING ON 16 Motion to Dismiss and Requiring Further Briefing. Plaintiffs' responsive brief due by 9/19/2014. Signed by Judge Jeffrey S. White on September 8, 2014. (jswlc3, COURT STAFF) (Filed on 9/8/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CLINT CARLEY and KRISTAL CARLEY,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-03147 JSW

v.
WELLS FARGO BANK ET AL,

ORDER REQUIRING FURTHER
BRIEFING AND VACATING
HEARING

Defendant.
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In the pending motion to dismiss Plaintiffs’ complaint, Wells Fargo contends that each

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of Plaintiffs’ claims are preempted by the Home Owners’ Loan Act of 1933, 12 U.S.C. §§ 1461,

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et seq. (“HOLA”). Plaintiffs fail to respond to this contention in their opposition. Accordingly,

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the Court HEREBY ORDERS Plaintiffs to file a responsive brief by no later than September 19,

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2014, not to exceed five pages addressing Defendant’s HOLA preemption argument. The

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hearing on the motion currently set for September 12, 2014 is HEREBY VACATED and may

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be reset by further order, if necessary.

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IT IS SO ORDERED.

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Dated: September 8, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE