Soriano v. Countrywide Homes Loans, Inc. et al

Filing 61

ORDER Setting Briefing Schedule re Plaintiff's Ex Parte Application, Dkt. No. 60 . Signed by Judge Lucy H. Koh on 4/14/2011. (lhklc2, COURT STAFF) (Filed on 4/14/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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NORLITO SORIANO,

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Plaintiff,
v.
COUNTRYWIDE HOME LOANS, INC.,
SOLIDHOMES FUNDING, MANUEL
CHAVEZ, MARK FLORES, SOLIDHOMES
ENTERPRENEURS, INC., BANK OF
AMERICA CORP., AND DOES 5-100,
Defendants.

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Case No.: 09-CV-02415-LHK

ORDER SETTING BRIEFING
SCHEDULE REGARDING
PLAINTIFF’S EX PARTE
APPLICATION FOR CLARIFICATION

The Court recently issued an Order granting-in-part and denying-in-part Defendants’

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Motion for Summary Judgment. See Dkt. No. 59. In the Order, the Court found that Plaintiff’s

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Truth In Lending Act (TILA) claim for damages was time-barred. On April 13, 2011, Plaintiff

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filed an ex parte application for clarification regarding using the asserted TILA violation as a basis

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for stating a claim under California’s Unfair Competition Law (UCL). In the application, Plaintiff

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states that he “does not seek damages under the UCL because the California Supreme Court has

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interpreted the statute as not providing for them.”

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The Court sets the following briefing schedule:

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By Monday, April 18, 2011, Plaintiff shall submit a supplemental brief identifying with

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particularity what injunctive or restitutionary relief he claims as a remedy for the alleged UCL

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violation based on an alleged TILA violation.
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Case No.: 10-CV-02415-LHK
ORDER SETTING BRIEFING SCHEDULE

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By Thursday, April 21, 2011, Defendants shall file any opposition.

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By Monday, April 25, Plaintiff shall file any reply.

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This matter will not be set for hearing unless the Court orders it.

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The case schedule remains as set.

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IT IS SO ORDERED.

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Dated: April 14, 2011

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-02415-LHK
ORDER SETTING BRIEFING SCHEDULE