Reyes v. Premier Home Funding, Inc. et al

Filing 112

ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE; SETTING HEARING ON ANTICIPATED MOTION FOR DEFAULT JUDGMENT; SETTING CASE MANAGEMENT CONFERENCE AS TO THIRD PARTY COMPLAINTS AND CROSS-CLAIMS. Order to Show Cause Hearing set Settlement as to Defendant Wachovia set for 7/19/2010 09:00 AM. Show Cause Response due by 7/9/2010. Case Management Conference re Third Party Complaints and Cross-Claims set for 7/19/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Statement due by 7/9 /2010. The Joint Statement shall include a good faith discovery plan as to how the case should proceed and a schedule that includes a proposed date for the close of all discovery. Motion Hearing re Default Judgment against Defendant Premier set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 6/24/2010. (ecg, COURT STAFF) (Filed on 6/24/2010)

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1 2 3 4 5 6 7 8 9 10 Bernardo Reyes, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-04606 JW ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE; SETTING HEARING ON ANTICIPATED MOTION FOR DEFAULT JUDGMENT; SETTING CASE MANAGEMENT CONFERENCE AS TO THIRD PARTY COMPLAINTS AND CROSS-CLAIMS United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Premier Home Funding, Inc., et al., Defendants. / This case is scheduled for a Preliminary Pretrial Conference on June 28, 2010. The parties submitted a Joint Pretrial Conference Statement. (See Docket Item No. 109.) In their Joint Statement, Plaintiff represents that he has reached a settlement with Defendant Wachovia Mortgage. (See id. at 2.) Plaintiff has not settled with Defendant Premier Home Funding ("Premier") as this Defendant is currently in default, and the various cross-claims at issue in this case have not settled. (Id.) The Clerk has entered default as to Defendant Premier. (Docket Item No. 30.) In light of the partial settlement of the case and Plaintiff's anticipated motion for default judgment against Defendant Premier, the Court finds good cause VACATE1 the Preliminary Pretrial Conference and orders as follows: (1) On or before July 19, 2010 at 9 a.m., Plaintiff and Defendant Wachovia shall appear for an Order to Show Cause re: Settlement. On or before July 9, 2010, the parties The Court DENIES as moot Third Party Defendant The Escrow Forum's request to appear by telephone at the June 28 Conference. (See Joint Statement at 3.) 1 1 2 3 4 5 6 7 8 9 10 (3) (2) shall either file a Stipulated Dismissal or a Joint Statement informing the Court as to the status of their settlement. If the parties require additional time to reduce their settlement to a writing, the parties shall specify the time required. As to the Third Party Complaints (Docket Item Nos. 92, 111) and any cross-claims (Docket Item Nos. 76, 90), the Court sets July 19, 2010 at 10 a.m. as an Initial Case Management for this part of the case. On or before July 9, 2010, the relevant parties shall file a Joint Case Management Statement. The Joint Statement shall include a good faith discovery plan as to how the case should proceed and a schedule that includes a proposed date for the close of all discovery. Finally, while the Court's September calendar is full, the Court specially sets a hearing on September 20, 2010 at 9 a.m. on Plaintiff's anticipated Motion for Default Judgment against Defendant Premier. Plaintiff shall file and notice his anticipated Motion in accordance with the Civil Local Rules. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 24, 2010 JAMES WARE United States District Judge 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Annette D. Kirkham annettek@lawfoundation.org Frederick James Hickman fhickman@afrct.com James F. Zahradka jamesz@lawfoundation.org Kimberly Pederson kimp@lawfoundation.org Mark Tyler Flewelling mtf@afrct.com Noah Zinner nzinner@heraca.org Rex Thames Reeves rreeves@reeveslawoffices.com Dated: June 24, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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