Bingham v. Ocwen Loan Servicing, LLC et al

Filing 48

ORDER Denying 43 Ocwen Loan Servicing's Request to Submit Supplemental Briefing. Signed by Magistrate Judge Howard R. Lloyd on 7/17/2014. (hrllc2, COURT STAFF) (Filed on 7/17/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

United States District Court
Northern District of California

11
MARK BINGHAM,

12

Plaintiff,

13
v.

14
15

OCWEN LOAN SERVICING, LLC, a
Delaware Limited Liability Company; TD
SERVICE FINANCIAL CORPORATION, a
California Corporation; and DOES 1 through
100, inclusive,

16
17

Case No. 5:13-cv-04040 HRL
ORDER DENYING OCWEN LOAN
SERVICING’S REQUEST TO SUBMIT
SUPPLEMENTAL BRIEFING
[Re: Dkt. 43]

Defendants.

18
19

Defendant Ocwen Loan Servicing (Ocwen) requests leave to supplement its motion to

20

dismiss, which Judge Koh denied on April 16, 2014 (Dkt. 26). Ocwen now takes the position that

21

Judge Koh vacated that decision the very next day. 1 Ocwen is wrong. Judge Koh issued her

22

ruling without oral argument, and the April 17 docket entry Ocwen points to is nothing more than

23

an administrative entry terminating the hearing on Ocwen’s motion to dismiss. Ocwen’s request

24

for leave to supplement the terminated motion is denied, and its supplemental reply brief filed on

25
26
27
28

1

This court wonders why Ocwen found it necessary to make this argument when it also advises
that this case has settled and when it acknowledged in a May 19, 2014 Joint Case Management
Statement that it had no motions before the court. (Dkt. 32).

1
2
3
4
5

July 15, 2014 will not be considered.
SO ORDERED.
Dated: July 17, 2014
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1
2

5:13-cv-04040-HRL Notice has been electronically mailed to:
Batkhand Zoljargal

[e-mail]

Jeremy Jon Alberts

[e-mail], [e-mail]

3
4
5

Nicole Dunn

[e-mail], [e-mail]

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3