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Garcia v. Old Republic Default Management Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 25, 2009

RUBEN GARCIA, JR., PLAINTIFF,
v.
OLD REPUBLIC DEFAULT MANAGEMENT SERVICES, MORTGAGE SERVICES, INC., AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER VACATING HEARING DATE OF MARCH 2, 2009, AND TAKING SAXON MATTER UNDER SUBMISSION

This is an action for damages, injunctive and declaratory relief, rescission and quiet title by plaintiff Ruben Garcia ("Garcia") against defendants Old Republic Default Management Services ("Old Republic"), a default mortgage trustee, and Saxon Mortgage Services, Inc. ("Saxon"), a mortgage servicing company (collectively, "Defendants"). Currently pending before the court are Defendants' motion to dismiss the complaint as to Saxon and a motion to expunge the notice of lis pendens. Both motions are currently set for hearing on March 2, 2009. The court has reviewed Defendants' motions and has reviewed Defendants reply and notice of non-response by Garcia and finds the motions are suitable for decision without oral argument. Local Rule 78-230(h).

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of March 2, 2009, is VACATED, and no party shall appear at that time. As of March 2, 2009, the Court will take the matters under submission, and will thereafter issue its decision.

IT IS SO ORDERED.

20090225

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