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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARL MARSCELLAS, et al.,

Case No. 13-cv-05806-BLF

Plaintiffs,
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v.
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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

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The Court is scheduled to hear oral argument on Defendant Wells Fargo Bank, N.A.’s

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Motion to Dismiss on June 26, 2014. At the Court’s Case Management Conference on May 6,

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2014, the Court deemed the Motion to Dismiss to be fully briefed, as Plaintiffs had not at that time

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filed a responsive pleading to the Motion.

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Thereafter, on May 23, 2014, Plaintiffs, proceeding pro se, filed an untimely Opposition.

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(ECF 24) Defendant’s Reply, filed on June 3, 2014, asked the Court to ignore this untimely

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Opposition, or, in the alternative, grant Defendant an extension of time by which it could

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meaningfully respond to the arguments raised in the Opposition. (ECF 25)

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The Court will consider Plaintiffs’ Opposition, despite its untimely filing. Recognizing the

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need to provide Defendant Wells Fargo Bank, N.A., the opportunity to meaningfully respond to

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the arguments raised in the Opposition, however, the Court GRANTS Defendant an additional

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seven (7) days in which to file a substantive Reply brief. This Reply will be due no later than June

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23, 2014.

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The Court will hear oral argument on the Motion to Dismiss as scheduled, on June 26,
2014, at 9 a.m.

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IT IS SO ORDERED.
Dated: June 16, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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