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Frank Oliver and andrea Oliver v. U.S. Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 2, 2011

FRANK OLIVER AND ANDREA OLIVER,
PLAINTIFFS,
v.
U.S. BANK, N.A., DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; AND DSL SERVICE COMPANY,
DEFENDANTS.

The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

United States District Court For the Northern District of California

ORDER GRANTING RELIEF FROM ADR AND CASE MANAGEMENT SCHEDULE

In this mortgage fraud action, Plaintiffs Frank and Andrea Oliver seek quiet title, injunctive, and declaratory relief respecting the property at issue. Defendants U.S Bank, Downey Savings and 19 Loan Association, and DSL Service Company have filed a motion to dismiss Plaintiffs' complaint 20 pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).*fn1 Defendants also have filed a motion for relief 21 from ADR and case management schedule pursuant to Civil L.R. 16-2(d), as well as an ex parte 22 application for an order shortening time to hear their motion for relief.*fn2

In light of the pending motion to dismiss, the court finds good cause to grant relief to all parties from ADR and case management scheduling requirements until after the court has issued a 26 ruling on Defendants' motion to dismiss. Accordingly, management schedule is GRANTED. Both parties are granted relief from the court's August 30, IT IS HEREBY ORDERED that Defendants' motion for relief from ADR and case 2011 ADR Scheduling Order until such time as noticed by the court.

IT IS FURTHER ORDERED that the case management conference set for November 15, 2011 at 2:00 p.m. is CONTINUED until such time as noticed by the court.


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