Oliver et al v. U.S. Bank, N.A. et al

Filing 13

ORDER re 5 ADR Scheduling Order, ORDER Extending ADR Deadline, Motions terminated: 9 Ex Parte Application for Order Shortening Time to Hear Motion for Relief from ADR and Case Management Schedule filed by Downey Savings and Loan Associatio n, F.A., DSL Service Company, U.S. Bank, N.A., 10 MOTION Relief from Case Management Schedule Pursuant to L.R. 16-2(d) MOTION Relief from Case Management Schedule Pursuant to L.R. 16-2(d) filed by Downey Savings and Loan Association, F.A., DSL Service Company, U.S. Bank, N.A. Signed by Judge Paul S. Grewal on 11/2/2011. (psglc2, COURT STAFF) (Filed on 11/2/2011)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 ) ) Plaintiffs, ) v. ) ) U.S. BANK, N.A., DOWNEY SAVINGS AND ) LOAN ASSOCIATION, F.A.; AND DSL ) SERVICE COMPANY, ) ) Defendants. FRANK OLIVER AND ANDREA OLIVER, Case No.: C 11-4300 PSG ORDER GRANTING RELIEF FROM ADR AND CASE MANAGEMENT SCHEDULE 16 In this mortgage fraud action, Plaintiffs Frank and Andrea Oliver seek quiet title, injunctive, 17 18 and declaratory relief respecting the property at issue. Defendants U.S Bank, Downey Savings and 19 Loan Association, and DSL Service Company have filed a motion to dismiss Plaintiffs’ complaint 20 pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).1 Defendants also have filed a motion for relief 21 from ADR and case management schedule pursuant to Civil L.R. 16-2(d), as well as an ex parte 22 23 application for an order shortening time to hear their motion for relief.2 In light of the pending motion to dismiss, the court finds good cause to grant relief to all 24 25 parties from ADR and case management scheduling requirements until after the court has issued a 26 ruling on Defendants’ motion to dismiss. Accordingly, 27 1 See Docket No. 6. 2 See Docket Nos. 9, 10. 28 ORDER IT IS HEREBY ORDERED that Defendants’ motion for relief from ADR and case 1 2 management schedule is GRANTED. Both parties are granted relief from the court’s August 30, 3 2011 ADR Scheduling Order until such time as noticed by the court. 4 5 IT IS FURTHER ORDERED that the case management conference set for November 15, 2011 at 2:00 p.m. is CONTINUED until such time as noticed by the court. 6 7 8 Dated: 11/2/2011 9 _________________________________ PAUL S. GREWAL United States Magistrate Judge United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER

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