Schulken et al v. Washington Mutual Bank, Henderson, NV et al

Filing 288

ORDER CONTINUING HEARING. Signed by Judge Lucy Koh on 10/29/2014. (lhklc2, COURT STAFF) (Filed on 10/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JEFFREY SCHULKEN AND JENIFER
SCHULKEN, individually and on behalf of a
class of similarly situated individuals,

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Plaintiffs-Appellees,
v.
WASHINGTON MUITUAL BANK and JP
MORGAN CHASE BANK, N.A,
Defendants.

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Case No.: 09-CV-02708-LHK
ORDER CONTINUING HEARING

Before the Court is Plaintiffs-Appellees Jeffrey Schulken and Jenifer Schulken’s
(“Plaintiffs-Appellees”) Motion for Contempt Against Objector Donald R. Earl (“Mr. Earl”). On

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October 6, 2014, this Court issued an order instructing Mr. Earl to post an appeal bond in the
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amount of $5,000 within seven days. ECF No. 278; see also ECF No. 278-1 (clerk’s proof of

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service by mail). On October 15, 2014, this Court received a $5,000 personal check from Mr. Earl.
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See ECF No. 278, at 3. On October 28, 2014, the finance department of the U.S. District Court,
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Northern District of California contacted First Federal, Mr. Earl’s bank, to confirm that Mr. Earl’s
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personal check was valid. First Federal declined to release that information without authorization
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from Mr. Earl. The U.S. District Court finance department then contacted Mr. Earl to ask if he
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Case No.: 09-CV-02708-LHK
ORDER CONTINUING HEARING

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would authorize First Federal to confirm the validity of his personal check. Mr. Earl declined to

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give authorization.

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Accordingly, the Court is awaiting verification that Mr. Earl has posted the appeal bond

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pursuant to the Court’s October 6, 2014 order. Therefore, the Court hereby CONTINUES the

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hearing on Plaintiffs-Appellees’ motion for contempt against Mr. Earl, currently set for October 30,

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2014, to November 20, 2014, at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: October 29, 2014

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 09-CV-02708-LHK
ORDER CONTINUING HEARING