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Virgilio Orcilla, et al v. Bank of America

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


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NOT FOR CITATION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 pendens. Docket No. 61.

On March 10, 2011, Big Sur moved to expunge Plaintiffs' notice of lis pendens and sought to have United States District Court its motion heard on shortened time. Docket Nos. 71, 72. Good cause appearing, Big Sur's motion For the Northern District of California will be heard on March 29, 2011 at 10:00 a.m. Plaintiffs have already filed their opposition brief to Big Sur's motion (Docket No. 73), and Big Sur shall file any reply brief by March 18, 2011.

C. Case Management Conference

In light of the motions to dismiss to be heard on April 26, 2011, the case management conference, currently scheduled for April 19, 2011, is continued to May 31, 2011 at 1:30 p.m.

D. Identification of Any Person Practicing Law on Behalf of Plaintiffs Civil Local Rule 11-1(a) states that, except for attorneys for the United States and attorneys admitted pro hac vice, "only members of the bar of this Court may practice in this Court." Civ. L.R.

11-1(a). "The bar of this Court consists of attorneys of good moral character who are active 21 members in good standing of the bar of this Court prior to the effective date of these local rules and 22 those attorneys who are admitted to membership after the effective date." Id. Accordingly, the Court 23 instructs any person practicing law in this action on behalf of Plaintiffs to submit, no later than March 18, 2011, a declaration identifying him or herself and providing documentation of good 25 standing in the bar of this Court.

IT IS SO ORDERED.

Deborah Anne Goldfarb deborah.goldfarb@bryancave.com, grace.wayte@bryancave.com Julia M. Wei julia@advocate4u.com Karen Page Shelar shelark@bryancave.com Nadia Marie Bishop bishopn@bryancave.com, pilar.leano@bryancave.com 4 Peter N. Brewer pbrewer@brewerfirm.com, julia@brewerfirm.com Virgilio Llarenas Orcilla lglbgl@live.com 5 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court For the Northern District of California

20110314

© 1992-2011 VersusLaw Inc.



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