Ferchau v. CitiMortgage, Inc.

Filing 13

ORDER Continuing Case Management Conference. Signed by Judge Lucy H. Koh on 6/04/2013. (lhklc3, COURT STAFF) (Filed on 6/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHARLES FERCHAU,

United States District Court
For the Northern District of California

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Plaintiff,
v.
CITIMORTGAGE, INC.; and DOES 1-100,
Inclusive,

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Defendants.

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Case No.: 13-CV-00941-LHK
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiff Charles Ferchau filed the above action in the Santa Clara County Superior Court

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on December 14, 2012. See ECF No. 1. Pursuant to 28 U.S.C. § 1441(b), Defendants removed the

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case to this Court on March 1, 2013. Id. On March 8, 2013, Defendants then filed a Motion to

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Dismiss Plaintiff’s Complaint. ECF No. 6. Prior to the hearing on Defendants’ Motion to Dismiss,

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Plaintiff filed a First Amended Complaint. See ECF Nos. 7, 9. The parties then stipulated to allow

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Defendants until June 6, 2013, to respond to Plaintiff’s First Amended Complaint. ECF Nos. 10,

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12. Given that Defendants have yet to respond to Plaintiff’s First Amended Complaint, the Court

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hereby CONTINUES the Case Management Conference set for June 5, 2013, to August 7, 2013, at

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1:30 p.m. In addition, in light of Plaintiff’s First Amended Complaint, the Court requests that

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Defendants voluntarily withdraw their currently pending Motion to Dismiss Plaintiff’s original

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Complaint by June 6, 2013. See ECF No. 6.

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IT IS SO ORDERED.

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Dated: June 4, 2013

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_________________________________
LUCY H. KOH
United States District Judge

Case No.: 13-CV-00941-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE