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Penelope Bergman, On Behalf of Herself and All Others Similarly Situated v. Fidelity National Financial

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 7, 2012

PENELOPE BERGMAN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
FIDELITY NATIONAL FINANCIAL, INC.; AND DOES 1--10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Otis D. Wright, II United States District Judge

O

ORDER CONVERTING DEFENDANTS' MOTION TO DISMISS INTO A MOTION FOR SUMMARY JUDGMENT [35]

After careful consideration, the Court hereby CONVERTS Defendant's Motion to Dismiss Plaintiff's First Amended Complaint into a motion for summary judgment under Federal Rule of Civil Procedure 12(d).

For the purposes of the converted motion, the Court is solely interested in facts and evidence regarding whether Plaintiff took out the loan at issue primarily for residential purposes or primarily for commercial or business purposes.*fn1 See 12 U.S.C. § 2606(a)(1). The parties may submit additional evidence and further brief the Court-but are limited to a five-page brief, with declarations and exhibits if necessary-no later than November 19, 2012. The parties need not repeat arguments already submitted in their moving and opposition papers.

Further, the November 19 hearing on Defendant's Motion is hereby VACATED. No appearances are necessary unless otherwise ordered by the Court.

IT IS SO ORDERED.


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