Marscellas et al v. Wells Fargo Bank, N.A. et al

Filing 26

ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO FILE A REPLY BRIEF re 25 Reply to Opposition/Response filed by Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, World Savings Bank, FSB. Signed by Judge Beth Labson Freeman on 6/16/2014. (blflc3S, COURT STAFF) (Filed on 6/16/2014)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 CARL MARSCELLAS, et al., Case No. 13-cv-05806-BLF Plaintiffs, 8 v. 9 10 WELLS FARGO BANK, N.A., et al., Defendants. ORDER GRANTING DEFENDANT EXTENSION OF TIME TO FILE A REPLY [Re: Dkt No. 25] United States District Court Northern District of California 11 12 13 The Court is scheduled to hear oral argument on Defendant Wells Fargo Bank, N.A.’s 14 Motion to Dismiss on June 26, 2014. At the Court’s Case Management Conference on May 6, 15 2014, the Court deemed the Motion to Dismiss to be fully briefed, as Plaintiffs had not at that time 16 filed a responsive pleading to the Motion. 17 Thereafter, on May 23, 2014, Plaintiffs, proceeding pro se, filed an untimely Opposition. 18 (ECF 24) Defendant’s Reply, filed on June 3, 2014, asked the Court to ignore this untimely 19 Opposition, or, in the alternative, grant Defendant an extension of time by which it could 20 meaningfully respond to the arguments raised in the Opposition. (ECF 25) 21 The Court will consider Plaintiffs’ Opposition, despite its untimely filing. Recognizing the 22 need to provide Defendant Wells Fargo Bank, N.A., the opportunity to meaningfully respond to 23 the arguments raised in the Opposition, however, the Court GRANTS Defendant an additional 24 seven (7) days in which to file a substantive Reply brief. This Reply will be due no later than June 25 23, 2014. 26 27 28 The Court will hear oral argument on the Motion to Dismiss as scheduled, on June 26, 2014, at 9 a.m. 1 2 3 4 IT IS SO ORDERED. Dated: June 16, 2014 ______________________________________ BETH LABSON FREEMAN United States District Judge 5 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

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