Spears et al v. Washington Mutual, Inc. et al

Filing 148

ORDER by Magistrate Judge Howard R. Lloyd denying 97 without prejudice plaintiff's motion for jurisdictional discovery. Motion hearing set for 3/10/2009 is vacated. (hrllc2, COURT STAFF) (Filed on 3/9/2009)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FELTON SPEARS, JR. and SIDNEY SCHOLL, on behalf of themselves and all others similarly situated, Plaintiffs, v. WASHINGTON MUTUAL, INC.; FIRST AMERICAN EAPPRAISEIT, and LENDER'S SERVICE, INC., Defendants. / [Re: Docket No. 97] No. C08-00868 RMW (HRL) ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR JURISDICTIONAL DISCOVERY *E-FILED 3/9/2009*

United States District Court

11
For the Northern District of California

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Before this court is plaintiffs' motion for leave to conduct jurisdictional discovery as to defendant Lender's Service, Inc. ("LSI"). The motion was brought as an alternative motion in the event the presiding judge was inclined to grant LSI's then-pending motion to dismiss challenging plaintiffs' standing to pursue the instant action. For reasons beyond this court's control, plaintiffs' discovery motion remained in limbo for several months1 and eventually was re-set for a March 10, 2009 hearing. The presiding judge has just granted LSI's motion to dismiss with leave to amend. (Docket No. 147). Thus, there currently is no extant pleading as to LSI.

This case was stayed for several months after the FDIC was appointed receiver for Washington Mutual Bank.
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1 2 3 4 5 6 7 8 9 10 Dated:

Accordingly, plaintiffs' motion for leave to conduct jurisdictional discovery is denied without prejudice to renew the motion should the circumstances warrant. The motion hearing set for March 10, 2009 is vacated. SO ORDERED. March 9, 2009 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

11
For the Northern District of California

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5:08-cv-868 Notice electronically mailed to: Angela M. Papalaskaris [e-mail], [e-mail] Christopher J Clark [e-mail] David A. Super [e-mail] Ira Spiro [e-mail] James Mark Moore [e-mail], [e-mail] Janet Lindner Spielberg [e-mail] Jeffrey D. Rotenberg [e-mail] Jonathan Mark Lloyd [e-mail], [e-mail], [e-mail] Joseph N. Kravec , Jr [e-mail] Kerry Ford Cunningham [e-mail] Kevin C Wallace [e-mail] Kris Hue Chau Man [e-mail], [e-mail] Laura Jean Fowler [e-mail], [e-mail], [e-mail] Margaret Anne Keane [e-mail] Martin L. Fineman [e-mail], [e-mail] Michael David Braun [e-mail] Michael T. Fogarty [e-mail], [e-mail], [e-mail] Patrick J. Smith [e-mail] Richard F. Hans [e-mail], [e-mail] Robert Ira Spiro [e-mail], [e-mail] Robert J. Pfister [e-mail], [e-mail] Ryan E. Bull [e-mail] Sam N. Dawood [e-mail], [e-mail], [e-mail] Stephen M. Ng [e-mail] Stephen Michael Rummage [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 3

United States District Court

11
For the Northern District of California

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