Celeste Olivarez v. Nationstar Mortgage LLC et al

Filing 24

ORDER REGARDING 12 MOTION to Dismiss filed by Mortgage Electronic Registration Service, Inc. ; Instructions to Counsel.Joint Status Report due by 6/1/2016. Signed by Judge Jeffrey S. White on 5/25/16. (jjoS, COURT STAFF) (Filed on 5/25/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CELESTE OLIVAREZ, Case No. 16-cv-00410-JSW Plaintiff, 8 v. 9 10 NATIONSTAR MORTGAGE LLC, et al., 11 Defendants. ORDER REGARDING MOTION TO DISMISS FILED BY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS AND INSTRUCTIONS TO COUNSEL United States District Court Northern District of California Re: Dkt. No. 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 22, 2016, Defendant Mortgage Electronic Registration Systems (“MERS”) filed a motion to dismiss. (Docket No. 12.) That motion was filed by Charles W. Nunley, II, Esq. of Malcolm Cisneros. Under Northern District Civil Local Rule 7-3(a), the opposition to that motion should have been due on May 6, 2016. No such opposition was filed. However, on May 6, 2016, after the case was reassigned to the undersigned Judge, a new motion to dismiss was filed on behalf of all Defendants, including MERS, by Gurinder S. Grewal, Esq., of Severson & Werson. (Docket No. 21.) There is no indication in the record that Mr. Grewal and Severson & Werson have been substituted as counsel in place of Mr. Nunley and Malcolm Cisneros. On May 20, 2016, Plaintiff filed an opposition to the May 6, 2016 motion to dismiss. Finally, no counsel has e-filed a notice of appearance pursuant to Civil Local Rule 5-1(c)(2). Accordingly, Defendants are HEREBY ORDERED to file a joint status report addressing the following two issues: 1. Who currently represents MERS? What is the current statu of the mo us otion to dism filed at d miss docket no. 12 2? 1 2. 2 int eport shall be due by Jun 1, 2016. A by June 1, 2016, al parties e ne Also e ll The Joi Status Re 3 mu carefully review the docket in this case, the L ust d Local Rules, and this Cou urt’s Standin Orders, ng 4 and must file: d 5 1. Any stipulat tion and proposed order , administrat motion, or notice th is tive hat 6 req quired under Civil Local Rules 5-1(c c)(2) and 11- due to the appearance substitution and/or -5 e e, n, 7 wit thdrawal of counsel; and c d 8 2. 9 Finally, going forw , ward, all parti and their counsel sha carefully comply with the rules ies r all h 10 United States District Court Northern District of California 11 12 13 14 Any notice of withdraw of any pe wal ending motio See N.D. Cal. Civil L 7-7(e). on. L.R. and orders of th Court. d his IT IS SO ORDER S RED. Da ated: May 25 2016 5, ___ __________ ___________ __________ ________ JEF FFREY S. W WHITE Un nited States D District Judg ge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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