Commiskey v. Equifax, Inc. et al

Filing 62

Order by Judge Lucy Koh Denying as Moot 12 Motion to Dismiss; Denying as Moot 26 Motion to Dismiss. ( lhklc2S, COURT STAFF) (Filed on 7/5/2016)

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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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MICHAEL COMMISKEY,
Plaintiff,

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Case No. 16-CV-01497-LHK
ORDER DENYING AS MOOT
MOTIONS TO DISMISS

v.

Re: Dkt. Nos. 12, 26
WELLS FARGO DEALER SERVICES,
INC., et al.,
Defendants.

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On May 17, 2016, Defendant SunTrust Mortgage, Inc. (“SunTrust”) filed a motion to
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dismiss, and on May 20, 2016, Defendant Homeward Residential, Inc. (“Homeward”) filed a
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motion to dismiss. ECF Nos. 12 & 26. On June 22, 2016, the parties filed a notice of settlement
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as to Homeward. On July 5, 2016, the parties filed a notice of settlement as to SunTrust. ECF
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Nos. 54 & 61.
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At the June 22, 2016 initial case management conference, the parties agreed to file a
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stipulation of dismissal as to Homeward by July 6, 2016. ECF No. 57.
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The notice of settlement for SunTrust states that a stipulation of dismissal as to SunTrust
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will be filed within 30 days, which would be August 4, 2016. The notice of settlement further
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Case No. 16-CV-01497-LHK
ORDER DENYING AS MOOT MOTIONS TO DISMISS

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states that “the parties respectfully request that all pending dates and filing requirements as to

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SunTrust Mortgage, Inc. be vacated.” ECF No. 61 at 1.

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In light of the circumstances outlined above, the Court hereby DENIES AS MOOT

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SunTrust and Homeward’s motions to dismiss. The hearing on SunTrust and Homeward’s

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motions to dismiss, currently set for August 11, 2016, at 1:30 p.m., is VACATED. The case

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management conference, set for August 11, 2016, at 1:30 p.m., remains as scheduled. The parties

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shall file Homeward’s stipulation of dismissal by July 6, 2016, and SunTrust’s stipulation of

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dismissal by August 4, 2016.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: July 5, 2016
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 16-CV-01497-LHK
ORDER DENYING AS MOOT MOTIONS TO DISMISS