McShannock v. JP Morgan Chase Bank N.A., 18-cv-01873-EMC. (2018)
Court: District Court, N.D. California
Number: infdco20180913f29
Visitors: 10
Filed: Sep. 11, 2018
Latest Update: Sep. 11, 2018
Summary: ORDER FOR SUPPLEMENTAL BRIEFING ON DEFENDANT'S MOTION TO DISMISS Docket No. 38 EDWARD M. CHEN , District Judge . Defendant has moved to dismiss this case, in part based on the argument that Plaintiffs' claims under Section 2954.8(a) of the California Civil Code are preempted by the Home Owners' Loan Act ("HOLA"). Having considered the briefing and argument on the motion, the Court hereby orders the parties to submit supplemental briefing addressing the following two questions. (1) Whether
Summary: ORDER FOR SUPPLEMENTAL BRIEFING ON DEFENDANT'S MOTION TO DISMISS Docket No. 38 EDWARD M. CHEN , District Judge . Defendant has moved to dismiss this case, in part based on the argument that Plaintiffs' claims under Section 2954.8(a) of the California Civil Code are preempted by the Home Owners' Loan Act ("HOLA"). Having considered the briefing and argument on the motion, the Court hereby orders the parties to submit supplemental briefing addressing the following two questions. (1) Whether ..
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ORDER FOR SUPPLEMENTAL BRIEFING ON DEFENDANT'S MOTION TO DISMISS
Docket No. 38
EDWARD M. CHEN, District Judge.
Defendant has moved to dismiss this case, in part based on the argument that Plaintiffs' claims under Section 2954.8(a) of the California Civil Code are preempted by the Home Owners' Loan Act ("HOLA"). Having considered the briefing and argument on the motion, the Court hereby orders the parties to submit supplemental briefing addressing the following two questions.
(1) Whether there is legislative history indicating that Congress, in enacting HOLA, contemplated that HOLA-governed mortgage loans originating with federal savings associations would be resold on the secondary market.
(2) Whether HOLA-governed mortgage loans were in fact resold at the time HOLA was enacted in 1933, and if so, how common the practice was.
The supplemental briefs shall be filed within two weeks of the date of this order, and each party's brief shall not exceed 5 pages.
IT IS SO ORDERED.
Source: Leagle
