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Aaron Liebelt v. Quality Loan Service Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 20, 2011

AARON LIEBELT,
PLAINTIFFS,
v.
QUALITY LOAN SERVICE CORPORATION, EMC MORTGAGE CORPORATION, INDIVIDUALLY AND AS JPMORGAN CHASE & CO., WELLS FARGO
BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS
MORTGAGE FUNDING TRUST 2007-AR4 MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2007-AR4, DOES 1 THROUGH 25,
DEFENDANTS.

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

ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT

On May 1, 2011, Plaintiff Aaron Liebelt filed a motion seeking entry of final judgment 23 pursuant to FRCP 54(b) in favor of Defendant Quality Loan Service Corporation ("Quality"). This 24 matter was set for hearing on August 11, 2011. Under Civil Local Rule 7-1(b), the Court finds this 25 matter suitable for determination without oral argument and hereby VACATES the August 11, 26 2011 hearing.

Plaintiff moves for entry of final judgment of his Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §§ 1692, et seq.) claim against Defendants Quality and EMC Mortgage Corporation. This claim had been dismissed with prejudice by Judge Ware, to whom this case was 2 previously assigned, on April 15, 2010. On February 8, 2011, this Court dismissed the remainder 3 of Plaintiff's federal claims with prejudice and remanded the remaining state law claims to the 4 Recently, the Ninth Circuit held that a district court's order dismissing all federal claims and remanding the remaining state law claims is a final order for purposes of appeal to the federal 7 courts of appeal under 28 U.S.C. § 1291. Harmston v. City and County of San Francisco, 627 F.3d 8 Superior Court for Santa Clara County.

1273, 1278-79 (9th Cir. 2010). In light of Harmston, this Court's February 8, 2011 Order 9 dismissing all federal claims and remanding the remaining claims to state court constitutes a final 10 order permitting Plaintiff to seek an immediate appeal from the Ninth Circuit, once a separate document setting forth the judgment is filed or 150 days have passed.*fn1 Harmston, 627 F.3d at 1279. Consequently, Plaintiff's motion for entry of judgment in favor of Quality and for 13 permission to seek an immediate appeal is DENIED as moot.

IT IS SO ORDERED.


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