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Robert E. Jacobsen, et al v. Aurora Loan Services LLC

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


March 6, 2012

ROBERT E. JACOBSEN, ET AL.,
PLAINTIFFS,
v.
AURORA LOAN SERVICES LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 3/6/12*

United States District Court For the Northern District of California

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME

A hearing on plaintiffs' motion for partial summary judgment and defendants' motion to 20 dismiss is scheduled for April 5, 2012. Defendants made a motion to extend time to file a response 21 to plaintiffs' motion. In support, defendants demonstrated that plaintiffs had informally agreed to 22 this extension, yet failed to approve a stipulation prior to defendants' response deadline. Pursuant to 23 the liberal standard of Federal Rule of Civil Procedure 6(b)(1), "requests for extensions of time 24 made before the applicable deadline has passed should 'normally ... be granted in the absence of bad 25 faith on the part of the party seeking relief or prejudice to the adverse party.'" Ahanchian v. Xenon 26

Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010). Here, defendants' motion is unopposed and 27 there is no evidence of bad faith or unfair prejudice. The April 5, 2012 motion hearing is hereby 28 vacated. The parties are directed to appear for a consolidated motion hearing on May 17, 2012 at 1:30 p.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate Avenue, in San Francisco, California. The existing briefing schedule for defendants' motion to 3 dismiss shall remain in place. The briefing schedule for plaintiffs' motion for partial summary 4 judgment shall proceed as follows: Defendants shall submit a response by March 29, 2012. 5

Plaintiffs may file a reply brief by April 5, 2012. 6 7

IT IS SO ORDERED.

20120306

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