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In Re: Wachovia Corp. "Pick-A- Payment" Mortgage Marketing and

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


February 1, 2013

IN RE: WACHOVIA CORP. "PICK-A- PAYMENT" MORTGAGE MARKETING AND SALES PRACTICES LITIGATION.

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

**E-Filed 2/1/2013**

United States District Court For the Northern District of California

ORDER RE ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; AND DEFERRING DISPOSITION OF MOTION FOR PRELIMINARY INJUNCTION [re: dkt. entries 367, 394]

For the reasons stated on the record at the hearing on January 31, 2013, the Court DECLINES to relate the present case to Murphy, et al. v. Wells Fargo Home Mortgage, et al., Case 22 No. 5:12-cv-06228-HRL and DEFERS consideration of the motion for preliminary injunction 23 pending submission of additional evidence. As soon as is practicable, Plaintiffs may take the 24 deposition of Michael Dolan. Thereafter, Plaintiffs may submit supplemental declarations of their 25 declarants, detailing what they believe their mortgage loan modification files should contain. 26

Within ten (10) days of receipt of the supplemental declarations, Defendant shall submit to the 27 Court in camera the mortgage loan modification files of Plaintiffs' declarants. 28

After reviewing this additional evidence, the Court will set a telephonic case management conference. 2

IT IS SO ORDERED.

20130201

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