UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
April 14, 2011
COUNTRYWIDE HOME LOANS, INC.,
CHAVEZ, MARK FLORES, SOLIDHOMES
ENTERPRENEURS, INC., BANK OF
AMERICA CORP., AND DOES 5-100,
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
ORDER SETTING BRIEFING SCHEDULE REGARDING SOLIDHOMES FUNDING, MANUEL ) PLAINTIFF'S EX PARTE 14 APPLICATION FOR CLARIFICATION
The Court recently issued an Order granting-in-part and denying-in-part Defendants' Motion for Summary Judgment. See Dkt. No. 59. In the Order, the Court found that Plaintiff's 20 Truth In Lending Act (TILA) claim for damages was time-barred. On April 13, 2011, Plaintiff 21 filed an ex parte application for clarification regarding using the asserted TILA violation as a basis 22 for stating a claim under California's Unfair Competition Law (UCL). In the application, Plaintiff 23 states that he "does not seek damages under the UCL because the California Supreme Court has 24 interpreted the statute as not providing for them." 25
The Court sets the following briefing schedule:
By Monday, April 18, 2011, Plaintiff shall submit a supplemental brief identifying with 27 particularity what injunctive or restitutionary relief he claims as a remedy for the alleged UCL 28 violation based on an alleged TILA violation.
By Thursday, April 21, 2011, Defendants shall file any opposition.
By Monday, April 25, Plaintiff shall file any reply.
This matter will not be set for hearing unless the Court orders it.
The case schedule remains as set.
IT IS SO ORDERED.
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