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Eulalia C. Vann v. Aurora Loan Services LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 10, 2011

EULALIA C. VANN,
PLAINTIFF,
v.
AURORA LOAN SERVICES LLC,
DEFENDANT.

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

ORDER REGARDING SCHEDULE FOR PENDING MOTIONS

On January 6, 2011, the Clerk entered default as to Defendant Aurora Loan Services. On January 14, 2011, Plaintiff Eulalia Vann filed a motion for default judgment, but did not notice a 17 hearing date. On January 21, 2011, Defendant Aurora filed a motion to set aside the default, to be 18 heard on March 24, 2011. Plaintiff has filed an opposition to Defendant's motion.

The Court finds it preferable to determine whether the default should be set aside before considering the merits of Plaintiff's motion for default judgment. Accordingly, the Court orders 21 the following briefing and hearing schedule:

1) The motion to set aside the default will be heard, as scheduled, on March 24, 2011. As Plaintiff has already filed an opposition, the Court will advance the briefing schedule so that Defendant's reply is due February 24, 2011. If possible, the Court will resolve the motion without oral argument.

2) If the Court denies Defendant's motion, the Court will hear Plaintiff's motion for default judgment on April 21, 2011, at 1:30 p.m., in Courtroom 4, 5th Floor.

3) If the Court grants Defendant's motion, Defendant shall then notice its proposed motion to dismiss for hearing.

IT IS SO ORDERED.

20110210

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