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Gabriel James Deleon and Shawna L. v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 3, 2011

GABRIEL JAMES DELEON AND SHAWNA L.
DELEON, PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WELLS FARGO BANK SOUTHWEST, N.A. )
(FORMERLY KNOWN AS WACHOVIA MORTGAGE, FSB AND WRLD SAVINGS BANK, FSB); NDEX WEST, L.L.C.; AND DOES 1-50, INCLUSIVE,
DEFENDANTS.

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

United States District Court For the Northern District of California

DEFENDANT'S MOTION TO ORDER GRANTING IN PART SHORTEN TIME ON MOTION TO EXPUNGE; ADVANCING HEARING ON MOTION TO DISMISS AND MOTION TO STRIKE; SETTING BRIEFING SCHEDULE

On December 30, 2010, Defendant Wells Fargo filed a motion to shorten time for the hearing on its motion to expunge the lis pendens. The motion to expunge is currently set for hearing on February 17, 2011, along with Wells Fargo's pending motion to dismiss and motion to strike the Second Amended Complaint. Wells Fargo represents that it has found a buyer for the property concerned in this case; that it cannot proceed with the sale until the lis pendens is expunged; and that the buyer will likely retreat from the sale if forced to wait until the scheduled hearing date to complete the transaction. The Court agrees that these circumstances present good cause to shorten the time for hearing the motion to expunge. However, because the issues presented in the motion to expunge are intertwined with the issues in the motion to dismiss and motion to strike, the Court believes that all three motions should be heard together. Accordingly, in order to provide the parties sufficient time to brief the motions, the Court will reschedule the hearing for January 27, 2011, with briefing as follows:

(1) Plaintiffs shall file opposition briefs to Defendant's motion to dismiss, motion to strike, and motion to expunge the lis pendens by January 18, 2011.

(2) Defendant may file a reply by January 21, 2011.

(3) The Court will hold a hearing on the motion to dismiss, motion to strike, and motion to expunge the lis pendens on January 27, 2011, at 1:30 p.m.

For the Northern District of California United States District Court

In order to ensure that Plaintiffs receive prompt notice of the revised motion schedule, Defendant is ordered to serve this order on Plaintiffs at the email address that Defendant has used to communicate with them.

IT IS SO ORDERED.

20110103

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