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Capodiece v. Wells Fargo Bank, NA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 4, 2013
No. C 13-00032 WHA (N.D. Cal. Mar. 4, 2013)

Opinion

No. C 13-00032 WHA

03-04-2013

MICHAEL CAPODIECE AND TERRY CAPODIECE, Plaintiffs, v. WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA f/k/a WACHOVIA MORTGAGE FAB f/k/a WORLD SAVINGS BANK FSB, and DOES 1-5, Defendant.


ORDER RE MOTION TO

DISMISS AND MOTION

TO STRIKE

On January 10, 2013, defendant Wells Fargo Bank N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB ("Wells Fargo") (erroneously sued as "Wells Fargo Bank, National Association an FDIC insured corporation") filed a motion to dismiss and a motion to strike portions of plaintiffs' complaint. Pursuant to Local Rule 7-3, plaintiffs' oppositions or statements of non-opposition to the motions were due on January 24. Plaintiffs have filed an opposition to the motion to dismiss but have failed to respond to the motion to strike.

On January 24, the action was reassigned to the undersigned judge. Defendant has renoticed its motions for hearing on April 11. Accordingly, the following briefing schedule is hereby set: Plaintiffs' response to the motion to strike is due by MARCH 8. Defendant's reply briefs in support of its motions, if any, are due by MARCH 15. A hearing is scheduled for APRIL 11 on both motions.

IT IS SO ORDERED.

_________

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

Capodiece v. Wells Fargo Bank, NA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 4, 2013
No. C 13-00032 WHA (N.D. Cal. Mar. 4, 2013)
Case details for

Capodiece v. Wells Fargo Bank, NA

Case Details

Full title:MICHAEL CAPODIECE AND TERRY CAPODIECE, Plaintiffs, v. WELLS FARGO BANK, NA…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 4, 2013

Citations

No. C 13-00032 WHA (N.D. Cal. Mar. 4, 2013)