HORNER v. SELECT PORTFOLIO SERVICING. INC., CIV. S-12-0666 LKK/KJN. (2012)
Court: District Court, E.D. California
Number: infdco20120515872
Visitors: 17
Filed: May 14, 2012
Latest Update: May 14, 2012
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiffs' original complaint was removed to this court on March 16, 2012. ECF No. 1. On March 23, 2012, defendant Select Portfolio filed a Motion to Dismiss the complaint and a Motion to Expunge the Notice of Pendency Action. ECF Nos. 6 and 7. Those motions were set for hearing on May 21, 2012. Plaintiffs filed an Amended Complaint on April 13, 2012. ECF No. 8. Plaintiff did not file an opposition or statement of non-opposition to the Motion to Expu
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiffs' original complaint was removed to this court on March 16, 2012. ECF No. 1. On March 23, 2012, defendant Select Portfolio filed a Motion to Dismiss the complaint and a Motion to Expunge the Notice of Pendency Action. ECF Nos. 6 and 7. Those motions were set for hearing on May 21, 2012. Plaintiffs filed an Amended Complaint on April 13, 2012. ECF No. 8. Plaintiff did not file an opposition or statement of non-opposition to the Motion to Expun..
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ORDER
LAWRENCE K. KARLTON, District Judge.
Plaintiffs' original complaint was removed to this court on March 16, 2012. ECF No. 1. On March 23, 2012, defendant Select Portfolio filed a Motion to Dismiss the complaint and a Motion to Expunge the Notice of Pendency Action. ECF Nos. 6 and 7. Those motions were set for hearing on May 21, 2012. Plaintiffs filed an Amended Complaint on April 13, 2012. ECF No. 8. Plaintiff did not file an opposition or statement of non-opposition to the Motion to Expunge, and the deadline for doing so has passed. Defendants filed another Motion to Dismiss on April 30, 2012. ECF No. 10. That motion is set for hearing on June 18, 2012.
In light of the foregoing, the court ORDERS as follows:
[1] The first Motion to Dismiss, ECF No. 6, is DENIED as MOOT. The hearing currently scheduled for May 21, 2012 is VACATED.
[2] The hearing on defendant's Motion to Expunge the Notice of Pendency Action is CONTINUED to June 18, 2012. Plaintiffs SHALL file an opposition or statement of non-opposition to the Motion to Expunge no later than June 4, 2012.
[3] The status conference currently set for May 29, 2012 at 11:30 a.m. is CONTINUED to August 6, 2012 at 2:30 p.m.
IT IS SO ORDERED.
Source: Leagle
