Patito v. Downey Savings and Loan Association, F.A. et al

Filing 17

NOTICE OF CLERICAL ERROR; REQUEST FOR RESPONE 16 FROM PLAINTIFF. Signed by Judge Jeremy Fogel on 10/5/2009. (jflc1, COURT STAFF) (Filed on 10/5/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Cheryl Patito, proceeding pro se, moved for "Withdrawal of Case from the Federal Court without prejudice pursuant to Rule 10.7" on September 30, 2009. It appears that Plaintiff intended to file a motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure Rule 41(a) and the Court treated Plaintiff's motion as such. As a result of a clerical error, the Court was not aware that Defendants Central Mortgage Company and Mortgage Electronic Registration Systems (collectively, "Defendants") previously had filed a motion for summary judgment or that Defendants opposed Plaintiff's motion to the extent that the motion sought dismissal of the instant case without prejudice. Because Defendants in fact do oppose
C a se No. 5:09-CV-03574 JF (RS) N O T I C E OF CLERICAL ERROR; REQUEST FOR RESPONSE FROM PLAINTIFF (J FL C 1 )

**E-Filed 10/5/2009**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CHERYL PATITO, Plaintiff, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; MTC FINANCIAL, INC., d/b/a TRUSTEE CORPS.; CENTRAL MORTGAGE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and DOES 1-30, inclusive, Defendants. Case Number 5:09-CV-03574 JF (RS) NOTICE OF CLERICAL ERROR; REQUEST FOR RESPONSE FROM PLAINTIFF Re: Docket No. 16

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Plaintiff's motion for voluntary dismissal, the Court requests Plaintiff's response to that opposition. Plaintiff shall file her response, setting forth her arguments and authority as to why the order of dismissal should not be set aside, on or before October 13, 2009. IT IS SO ORDERED.

DATED: 10/5/09 ____________________________ JEREMY FOGEL United States District Judge

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C a se No. 5:09-CV-03574 JF (RS) N O T I C E OF CLERICAL ERROR; REQUEST FOR RESPONSE FROM PLAINTIFF (J FL C 1 )

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This Order was served on the following persons:

Cheryl Patito 2339 Plateau Drive San Jose, CA 95125 Elizabeth Lindsay Dolan [e-mail] Richard Joseph Reynolds [e-mail], [e-mail] William Guy Malcolm [e-mail], [e-mail]

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C a se No. 5:09-CV-03574 JF (RS) N O T I C E OF CLERICAL ERROR; REQUEST FOR RESPONSE FROM PLAINTIFF (J FL C 1 )