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Perry v. National Default Servicing Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 18, 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

ORDER SETTING BRIEFING SCHEDULE

Mortgage Corporation and Mortgage Electronic Registration Service, Inc. filed a Motion to Defendant Kondaur Captial Corporation filed a Motion to Dismiss the complaint, also for failure to state a claim. See Dkt. No. 13. The Court re-set the hearing date for these motions for January 20, Plaintiffs are hereby ordered to submit oppositions, or statements of non-opposition, to the Motions to Dismiss by no later than December 9, 2010.

This action was removed from state court on July 20, 2010. On August 3, Defendants Dismiss the underlying complaint for failure to state a claim. See Dkt. No. 4. On August 9, 2010, 2011.

Defendants are ordered to submit replies to these motions, if any, by December 16, 2010.

IT IS SO ORDERED.

20101118

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