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David Snyder v. Federal Home Loan Mortgage Corp

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


May 29, 2012

DAVID SNYDER, PLAINTIFF,
v.
FEDERAL HOME LOAN MORTGAGE CORP, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed May 29, 2012 **

NOT FOR CITATION

INTERIM ORDER RE: DEFENDANT FREDDIE MAC'S MOTION TO DISMISS AND ORDER GRANTING DEFENDANT'S REQUEST FOR JUDICIAL NOTICE [Re: Docket Nos. 14, 15]

United States District Court For the Northern District of California

On May 29, 2012, defendant Federal Home Loan Mortgage Corp. ("Freddie Mac") moved to 18 dismiss plaintiff David Snyder's First Amended Complaint for failure to state a claim. Dkt. No. 14. 19

Approximately two weeks after the motion was filed, Snyder consented to his attorney's withdrawal 20 of the case, and on April 30, filed a Consent Order for substitution of counsel. Dkt. No. 17. This 21 court granted the order on May 1, at which point Snyder became a pro se plaintiff. Dkt. No. 21. 22

Snyder has not retained new counsel and has not filed any opposition to the motion to dismiss. 23

This court held hearing on the motion on May 29, 2012. Snyder appeared, through an 24 attorney making a special appearance, and requested a continuance to permit him time to retain new 25 counsel and oppose the motion. Plaintiff stated he never received the moving papers from 26 defendants or his former counsel. Accordingly, the court ORDERS as follows: 27

(1) Plaintiff, or any newly retained counsel who makes an appearance on ECF, shall file any opposition to the motion to dismiss on later than June 12, 2012;

(2) Freddie Mac shall have until June 15 to file any reply.

(3) No hearing will be set unless, upon receipt of the moving papers, the court determines one to be necessary.

In connection with its motion to dismiss, Freddie Mac requests judicial notice of two 5 documents: (1) a Trustee's Deed Upon Sale, recorded on December 13, 2010; and (2) Freddie Mac's 6 Verified Complaint for Unlawful Detainer, filed in Santa Cruz County Superior Court on May 4, 7 2011. Dkt. No. 15, Exhs. 1-2. Under Fed. R. Evid. 201(b), a "judicially noticed fact must be one not 8 subject to reasonable dispute in that it is either: (1) generally known within the territorial jurisdiction 9 of the trial court; or (2) capable of accurate and ready determination by resort to sources whose 10 accuracy cannot reasonably be questioned." Such facts include matters of public record. Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001). Since both documents are in the public record, the court does hereby judicially notice them. However, Freddie Mac shall file a new copy of the 13 Trustee's Deed, as the copy previously filed is illegible. 14

IT IS SO ORDERED.

C11-06213 HRL Notice will be electronically mailed to:

Charles Nunley charles.nunley@sierralawgroup.net Melissa Sgroi msgroi@mclaw.org 3 William Malcolm bill@mclaw.org 4 Notice will be mailed to: David Snyder 2070 Eureka Canyon Road 6 Corralitos, CA 95076 7 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 8 9 10

20120529

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