Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Virgilio Orcilla, et al v. Bank of America

March 14, 2011

VIRGILIO ORCILLA, ET AL.,
PLAINTIFFS,
v.
BANK OF AMERICA, N.A., ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed March 14, 2011 **

NOT FOR CITATION

ORDER SETTING HEARING DATES AND BRIEFING DEADLINES

[Re: Docket Nos. 53, 71, 72, 73]

United States District Court For the Northern District of California

This case arises out of a 2006 home mortgage loan and subsequent foreclosure involving plaintiffs Virgilio and Teodora Orcilla ("Plaintiffs") and defendants Bank of America, N.A. ("Bank of America"), BAC Home Loans Servicing, LP ("BAC"), ReconTrust Company N.A.

("ReconTrust"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and Big Sur, Inc. ("Big 20 Sur"). The loan was secured by real property formerly owned by Plaintiffs and located at 2975 21 Winwood Way in San Jose, California. Because numerous motions have been filed recently, the Court issues the following order to set or reset related dates and deadlines.

A. Schedule for the Two Motions to Dismiss

Plaintiffs filed their First Amended Complaint in this action on January 18, 2011. Docket

No. 50. Thereafter, defendants Bank of America, BAC, ReconTrust, and MERS moved to dismiss 26 the First Amended Complaint. Docket No. 53 (the "First Motion to Dismiss"). This motion is 27 currently set to be heard on March 29, 2011. Docket No. 60. Defendant Big Sur, Inc. later filed its 28 own motion to dismiss the First Amended Complaint. Docket No. 70 (the "Second Motion to Dismiss"). This motion is currently set to be heard on April 26, 2011.

In the interests of judicial economy, the hearing on the First Motion to Dismiss is continued 4 to April 26, 2011, to be heard with the Second Motion to Dismiss. However, any reply brief in 5 support of the First Motion to Dismiss is still due on March 15, 2011, as previously scheduled. 6

Docket No. 60. Briefing on the Second Motion to Dismiss shall proceed in accordance with Civil Local Rule 7-3. 8

B. Big Sur's Motion to Expunge Lis Pendens 9

On February 25, 2011, this Court approved Plaintiffs notice of lis ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.