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

Filing 18

ORDER BY JUDGE JEREMY FOGEL SETTING ASIDE 17 DISMISSAL AND NOTICE TO SCHEDULE HEARING.(jflc1, COURT STAFF) (Filed on 10/14/2009)

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C a se No. 5:09-CV-03574 JF (RS) O R D E R SETTING ASIDE DISMISSAL AND NOTICE TO SCHEDULE HEARING (J FL C 1 )

**E-Filed 10/14/2009**

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) ORDER SETTING ASIDE DISMISSAL AND NOTICE TO SCHEDULE HEARING Re: Docket No. 17

On October 5, 2009, the Court issued a Notice of Clerical Error recognizing that it had granted Plaintiff's request for voluntary dismissal without prejudice at a time when Defendants' earlier filed motion for summary judgment was pending. In that Notice, the Court indicated that the dismissal would be set aside unless Plaintiff filed a response on or before October 13, 2009. Because Plaintiff did not file a timely response the dismissal will be set aside. Counsel for Defendants may obtain a motion hearing date from the Court's Administrative Law Clerk, Christian Delaney, by calling 408.535.5426.

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IT IS SO ORDERED.

DATED: 10/14/09 ____________________________ JEREMY FOGEL United States District Judge

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C a se No. 5:09-CV-03574 JF (RS) O R D E R SETTING ASIDE DISMISSAL AND NOTICE TO SCHEDULE HEARING (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) O R D E R SETTING ASIDE DISMISSAL AND NOTICE TO SCHEDULE HEARING (J FL C 1 )