Pacheco v. Homecomings Financial, LLC et al

Filing 83

ORDER GRANTING 81 EX PARTE APPLICATION FOR ORDER CONTINUING TRIAL DATE, AS WELL AS ASSOCIATED DEADLINE FOR DISPOSITIVE MOTIONS, AND TAKING PENDING MOTION TO DISMISS OFF CALENDAR BASED UPON STIPULATION OF THE PARTIES. Case Management Conference set for 12/18/2009 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 11/4/2009. (jflc2, COURT STAFF) (Filed on 11/5/2009)

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A limited liability partnership formed in the State of Delaware

Lorenzo Gasparetti (SBN 135976) E-mail: [e-mail] Karen A. Braje (SBN 193900) Email: [e-mail] Kristine H. Chen (SBN 239925) Email: [e-mail] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: [phone] [phone]

**E-Filed 11/5/2009**

Attorneys for Defendant/Third Party Plaintiff MortgageIT, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CARLOS PACHECO, an individual, Plaintiff, vs. HOMECOMINGS FINANCIAL, LLC, a Delaware limited liability company; MORTGAGEIT, INC., a New York corporation; and DOES 1-100, inclusive, Defendants. MORTGAGEIT, INC., a New York corporation, Third Party Plaintiff, vs. RELC, Inc. dba REAL ESTATE LOAN CENTER, a California corporation, NANCY LINDNER, an individual; PEDRO REYES, an individual, Third Party Defendants. Case No. 5:08-cv-03002-JF HRL Honorable Jeremy Fogel -----------------[PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR ORDER

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REED SMITH LLP

CONTINUING TRIAL DATE, AS WELL AS ASSOCIATED DEADLINE FOR DISPOSITIVE MOTION(S), AND TAKING PENDING MOTION TO DISMISS OFF CALENDAR BASED UPON STIPULATION OF THE PARTIES Complaint Filed: Case Removed: Trial Date: May 15, 2008 June 18, 2008 February 5, 2010

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[PROPOSED] ORDER

US_ACTIVE-102566610.1-886831-60012

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A limited liability partnership formed in the State of Delaware

Having considered Defendants MortgageIT, Inc.'s ("MortgageIT") and Homecomings Financial, LLC's ("Homecomings Financial") Ex Parte Application for Order Continuing Trial Date, as well as Associated Deadline for Dispositive Motion(s), and Taking Pending Motion to Dismiss Off Calendar; the Declaration of Karen A. Braje in support thereof, and the Stipulation to Continuance of Trial Date signed on behalf of Plaintiff Carlos Pacheco ("Plaintiff") as well as the defendants, and GOOD CAUSE APPEARING, the Court orders as follows:

IT IS HEREBY ORDERED that Defendants' Ex Parte Application for Order Continuing the Trial Date and associated deadline for dispositive motion(s) is GRANTED. The trial date currently set for February 5, 2010, and the associated December 18, 2009, deadline for dispositive motion(s) are hereby VACATED.

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REED SMITH LLP

The trial date in this case shall be re-scheduled for associated deadline for dispositive motion(s) is , 2010.

, 2010. The

OR The Court hereby sets a further Scheduling Conference for December 18 , 2009, to set a new trial date. The parties shall submit a Joint Status Conference Report of the Scheduling Conference. 7 days in advance

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[PROPOSED] ORDER
US_ACTIVE-102566610.1-886831-60012

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A limited liability partnership formed in the State of Delaware

IT IS ALSO HEREBY ORDERED that Defendants' Motion to Dismiss currently pending before the Court and set for hearing on November 20, 2009, shall be taken off calendar in light of the anticipated request by Plaintiff to file a Second Amended Complaint.

IT IS SO ORDERED. 5 DATED: November ___, 2009.

Honorable Judge Jeremy Fogel U.S. District Court Judge, Northern District of California

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[PROPOSED] ORDER
US_ACTIVE-102566610.1-886831-60012

REED SMITH LLP