Bingham v. Ocwen Loan Servicing, LLC et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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MARK BINGHAM,
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Plaintiff,
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v.
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OCWEN LOAN SERVICING, LLC, a
Delaware Limited Liability Company; TD
SERVICE FINANCIAL CORPORATION, a
California Corporation; and DOES 1 through
100, inclusive,
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Case No. 5:13-cv-04040 HRL
ORDER DENYING OCWEN LOAN
SERVICING’S REQUEST TO SUBMIT
SUPPLEMENTAL BRIEFING
[Re: Dkt. 43]
Defendants.
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Defendant Ocwen Loan Servicing (Ocwen) requests leave to supplement its motion to
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dismiss, which Judge Koh denied on April 16, 2014 (Dkt. 26). Ocwen now takes the position that
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Judge Koh vacated that decision the very next day. 1 Ocwen is wrong. Judge Koh issued her
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ruling without oral argument, and the April 17 docket entry Ocwen points to is nothing more than
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an administrative entry terminating the hearing on Ocwen’s motion to dismiss. Ocwen’s request
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for leave to supplement the terminated motion is denied, and its supplemental reply brief filed on
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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).
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July 15, 2014 will not be considered.
SO ORDERED.
Dated: July 17, 2014
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE
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United States District Court
Northern District of California
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5:13-cv-04040-HRL Notice has been electronically mailed to:
Batkhand Zoljargal
bzoljargal@albertsfirm.com
Jeremy Jon Alberts
jalberts@albertsfirm.com, jesse@mytrustedattorney.com
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Nicole Dunn
ndunn@wrightlegal.net, jevaristo@wrightlegal.net
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United States District Court
Northern District of California
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