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Perry v. National Default Servicing Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


September 28, 2010

ROBERT PERRY; TAMMY M. REY, PLAINTIFFS,
v.
NATIONAL DEFAULT SERVICING CORPORATION; KONDAUR CAPITAL CORPORATION; EMC MORTGAGE CORPORATION; GMAC MORTGAGE LLC; MORTGAGE ELECTRONIC REGISTRATION SERVICE, INC.; AND ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD UPON PLAINTIFFS' TITLE THERETO, DOES 1-100, DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

CORRECTED ORDER RE-SETTING HEARING ON MOTIONS TO DISMISS

IT IS SO ORDERED.

Defendants EMC Mortgage Corporation and Mortgage Electronic Registration Service, Inc. filed a motion to dismiss this case for failure to state a claim on August 3, 2010. Defendant Kondaur Capital Corporation ("Kondaur") filed a separate motion to dismiss on August 9, 2010.

These motions were set for hearing on October 7, 2010. In the interim, this Court denied Plaintiffs' 26 request for a preliminary injunction staying the sale of the subject property, and the Plaintiffs appealed this decision. The appeal is currently pending before the Ninth Circuit. No opposition to 28 the motions to dismiss has been filed by the Plaintiffs.

In light of these facts, the Court hereby VACATES the October 7, 2010 hearing on Defendants' Motions to Dismiss, and re-sets the hearing for January 20, 2011. A case management 3 conference will follow the hearing on these motions. The parties shall file the required Case Management Statement by January 13, 2011.

IT IS SO ORDERED.

20100928

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