Gens v. Wachovia Mortgage Corporation et al

Filing 109

ORDER STAYING MOTION TO REMAND 14 AND MOTION FOR JOINDER 13 ; DENYING AS MOOT WELLS FARGO'S MOTION TO DISMISS 10 . Signed by Judge Lucy H. Koh on July 8, 2013. (lhklc1, COURT STAFF) (Filed on 7/8/2013)

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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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LAURA GENS,

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Plaintiff,
v.
CAL-WESTERN RECONVEYANCE
CORPORATION, WELLS FARGO, and
DOES 1-20, inclusive,
Defendants.

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Case No.: 12-CV-05947-LHK
Related Case No.: 10-CV-01073-LHK
ORDER REGARDING PENDING
MOTIONS

On October 24, 2012, Plaintiff Laura Gens (“Plaintiff” or “Ms. Gens”), proceeding pro se,
brought this action against Defendants Wells Fargo (“Wells Fargo”) and Cal-Western
Reconveyance Corporation (“Cal-Western”) (collectively “Defendants”) in connection with the

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default and foreclosure proceedings on her property located at 4141 Old Trace Road, Palo Alto,
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California. Currently pending before the Court are three motions: (1) Wells Fargo’s Motion to
Dismiss, ECF No. 10; (2) Cal-Western’s Motion for Joinder, ECF No. 13; and (3) Plaintiff’s

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Motion to Remand, ECF No. 14.
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On June 25, 2013, EC Closing Corp., formerly Cal-Western, filed for bankruptcy under
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Chapter 11 of the United States Bankruptcy Code for the District of Delaware, Case No. 13-11619.
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Accordingly, all proceedings against it—including the Motion to Remand and the Motion for
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Joinder—are STAYED pursuant to 11 U.S.C. § 362. See ECF No. 46.
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Case No.: 12-CV-05947-LHK
Related Case No.: 10-CV-01073-LHK
ORDER REGARDING PENDING MOTIONS

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On July 8, 2013, Plaintiff filed a notice of voluntarily dismissal against defendant Wells

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Fargo without prejudice.1 ECF No. 48. Accordingly, the Court DENIES as moot Wells Fargo’s

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Motion to Dismiss.

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The hearing and case management conference currently set for July 11, 2013, is hereby

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VACATED. The Clerk shall close the file as to Defendant Wells Fargo and administratively close

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the file as to Defendant Cal-Western/EC Closing Corp.

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IT IS SO ORDERED.

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Dated: July 8, 2013

United States District Court
For the Northern District of California

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_________________________________
LUCY H. KOH
United States District Judge

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Although Plaintiff’s Notice of Voluntary Dismissal is dated December 19, 2012, the Court notes
that the Notice was filed on July 8, 2013, and the Certificate of Service is dated July 8, 2013. See
ECF No. 48. Accordingly, the Court construes this Notice of Voluntary Dismissal based on the
date that it was actually filed—July 8, 2013.
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Case No.: 12-CV-05947-LHK
Related Case No.: 10-CV-01073-LHK
ORDER REGARDING PENDING MOTIONS