Appling v. Wachovia Mortgage, FSB et al

Filing 34

ORDER DENYING MOTION TO CONTINUE HEARING AND GRANTING STIPULATION TO RESET BRIEFING SCHEDULE re 33 , 31 . Signed by Judge Koh on 8/30/2010. (lhklc1, COURT STAFF) (Filed on 8/30/2010)

Appling v. Wachovia Mortgage, FSB et al

Doc. 34

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TERRY APPLING, v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) Case No.: 10-CV-01900-LHK ORDER DENYING MOTION TO CONTINUE HEARING AND GRANTING STIPULATION TO RESET BRIEFING SCHEDULE

WACHOVIA MORTGAGE, FSB, et al., Defendants.

Plaintiff Terry Appling moved to continue the hearing on Defendant's Motion to Dismiss and Case Management Conference, both of which are scheduled for September 16, 2010, to September 23, 2010. Counsel for Plaintiff states that he is unable to access documents in the case due to a network failure and will be unable to timely prepare an Opposition without a continuance. Defendant has not stipulated to the request to continue the hearing. However, the parties have stipulated to revise the briefing schedule such that Plaintiff's Opposition is due September 2, 2010, and Defendant's Reply is due September 9, 2010. Plaintiff states that this briefing schedule is acceptable. Plaintiff's requested hearing date of September 23, 2010, is not available due to the Judge's unavailability on that date, as noted on the Court's calendar. Therefore, the Court DENIES Plaintiff's request to continue the hearing and case management conference. However, the Court 1
Case No.: 10-CV-01900-LHK ORDER DENYING MOTION TO CONTINUE HEARING AND GRANTING STIPULATION TO RESET BRIEFING SCHEDULE
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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GRANTS the parties' stipulation to reset the briefing schedule. Plaintiff's Opposition will be due on September 2, 2010; Defendant's Reply will be due on September 9, 2010; and the motion will be heard on September 16, 2010, followed by a case management conference. IT IS SO ORDERED.

Dated: August 30, 2010

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 10-CV-01900-LHK ORDER DENYING MOTION TO CONTINUE HEARING AND GRANTING STIPULATION TO RESET BRIEFING SCHEDULE