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Matiu K. Fa and Tolifili Fa v. Deutsche Bank National Trust Company

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 5, 2011

MATIU K. FA AND TOLIFILI FA, PLAINTIFF,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2006-8 ASSET-BACKED CERTIFICATES, SERIES 9 2006-8; JPMORGAN CHASE BANK NATIONAL ASSOCIATION, SUCCESSOR 10 IN INTEREST TO WASHINGTON MUTUAL BANK; ALL PERSONS CLAIMING BY, THROUGH, OR UNDER SUCH PERSON, OR PERSONS, ALL PERSONS UNKNOWN,
CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR
INTEREST IN REAL PROPERTY DESCRIBED IN THIS COMPLAINT AS
"1635 WOLFE DRIVE SAN MATEO, CA 94402," ADVERSE TO THE
PLAINTIFFS' TITLE THERETO, OR ANY CLOUD ON PLAINTIFFS' TITLE
THERETO AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER REGARDING PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

United States District Court For the Northern District of California

On August 24, 2011, Defendants Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2006-8 22 Asset-Backed Certificates, Series 2006-8, and JPMorgan Chase Bank, 23 N.A. moved to dismiss Plaintiffs' complaint, pursuant to Federal 24 Rule of Civil Procedure 12(b)(6). After this case was reassigned 25 to the undersigned, Defendants renoticed the motion to dismiss for 26 hearing on October 20, 2011. Plaintiffs have not opposed the 27 motion. Civil Local Rule 7-3 requires the filing of an opposition 28 to a motion not more than fourteen days after the motion is filed and served. The parties are scheduled for an ADR phone conference 2 on October 11, 2011. In the event that the parties do not reach a 3 settlement at the ADR phone conference, Plaintiffs shall file 4 their opposition to the motion to dismiss on or before October 25, 5 2011, or face dismissal of their complaint for failure to 6 prosecute. Defendants may reply seven days thereafter. The 7 motion will be decided on the papers. The October 20, 2011 8 hearing is vacated. The parties are to appear for a Case 9 Management Conference on December 6, 2011. A joint case 10 management statement is due seven days prior to the Case Management Conference.

IT IS SO ORDERED.

20111005

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