Wootten v. BAC Home Loans Servicing, LP

Filing 12

ORDER re 11 Granting as modified Joint Stipulation for Continuance of Preliminary Injunction Hearing. Preliminary Injunction Hearing set for February 10, 2011 at 1:30 PM. The December 9, 2010 hearing is vacated. Signed by Judge Koh on 12/1/2010. (Attachments: # 1 certificate of mailing) (lhklc3, COURT STAFF) (Filed on 12/1/2010)

Wootten v. BAC Home Loans Servicing, LP

Doc. 12

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Case No.: 10-CV-04946-LHK ORDER GRANTING JOINT STIPULATION TO EXTEND PRELIMIMNARY INJUNCTION HEARING
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JENNIFER WOOTTEN, v. Plaintiff, ) ) ) ) ) ) ) ) ) Case No.: 10-CV-04946-LHK ORDER GRANTING AS MODIFIED STIPULATION FOR EXTENSION OF TIME AS TO PRELIMINARY INJUNCTION HEARING AND BRIEFING SCHEDULE (re: docket #11)

BAC HOME LOANS SERVICING, LP, Defendant.

On November 10, 2010, the Court issued an Order denying pro se Plaintiff's motion for a temporary restraining order and setting a briefing schedule for a December 9, 2010 preliminary injunction hearing, with an opposition due November 30, 2010 and a reply due December 3, 2010. See Dkt. #8. Because counsel for Defendant had not appeared at that time, the Court ordered Plaintiff to serve a copy of the Court's November 10, 2010 Order on Defendant by November 18, 2010 in order for Defendant to have notice and an opportunity to be heard. Although it is not clear that Plaintiff served Defendant with a copy of the Court's November 10, 2010 Order, Defendant has now appeared, as on November 24, 2010, Defendant filed a motion to dismiss. See Dkt. #9. On November 30, 2010, the parties filed a Joint Stipulation requesting that the Court extend the date for the preliminary injunction hearing to February 10, 2011, the same date of the hearing on Defendant's motion to dismiss. See Dkt. #11. The parties' Joint Stipulation represents that the extension of time will not prejudice either party.

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Accordingly, the Court GRANTS the parties' Joint Stipulation for a continuance of the preliminary injunction hearing from December 9, 2010 to February 10, 2011 at 1:30 p.m. The December 9, 2010 hearing is vacated. The parties also request a February 1, 2011 deadline for Defendant's opposition to Plaintiff's motion for preliminary injunction, and a February 4, 2011 deadline for Plaintiff's reply. The Court, however, finds a more expedited briefing schedule appropriate. Thus, Defendant's opposition to the motion for preliminary injunction is due by Thursday, January 13, 2011. Plaintiff's reply is due by Thursday, January 20, 2011. IT IS SO ORDERED.

Dated: December 1, 2010

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 10-CV-04946-LHK ORDER GRANTING JOINT STIPULATION TO EXTEND PRELIMIMNARY INJUNCTION HEARING