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

Filing 43

ORDER re: Briefing on Plaintiffs' Application for Relief. Signed by Judge Beth Labson Freeman on 9/12/2014. (blflc3S, COURT STAFF) (Filed on 9/12/2014)

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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.,

ORDER RE: BRIEFING ON
PLAINTIFFS’ APPLICATION FOR
RELIEF

Defendants.

United States District Court
Northern District of California

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Before the Court is Plaintiffs’ Application for Relief from the Voluntary Dismissal of the

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above-captioned action. The Court is informed, based on the Declaration of Susan Marscellas,

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ECF 40 ¶ 5, that Defendants oppose Plaintiffs’ Application for Relief.

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Plaintiffs claim that the voluntary dismissal filed with this Court on July 29, 2014, see ECF

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37, was filed without their permission, that neither Plaintiff signed the document, and that they

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believe their signatures were wrongfully appended to the document having been “lifted” from

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another document they had previously signed. See ECF 40 at ¶ 8. Plaintiffs ask this Court to

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vacate the voluntary dismissal.

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The Court, being informed that Defendants oppose Plaintiffs Application for Relief, hereby

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ORDERS that Defendants file with the Court a response to the Application, not to exceed five (5)

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pages, no later than the close of business on Tuesday, September 16, 2014. The Court shall take

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the Application and this response under submission and issue a written order thereon.

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IT IS SO ORDERED.
Dated: September 12, 2014
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BETH LABSON FREEMAN
United States District Judge