Gates

Gates v. Superior Loan Servicing

Good Law
United States District Court, Northern District of CaliforniaNovember 19, 20213:21-cv-06369California376 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TYRIOUS GATES, Case No. 3:21-cv-06369-WHO

Plaintiff,

ORDER ON MOTION TO CONTINUE

v. CMC, REQUIRING IMMEDIATE

SERVICE OF PROCESS

SUPERIOR LOAN SERVICING, Re: Dkt. No. 31 Defendant.

12 Plaintiff Tyrious Gates moves to continue the case management conference (“CMC”) that he says is set for today, November 18, 2021. Dkt. No. 31. There was no CMC set for today, so his motion is moot. (It appears that he got that date from the initial case management order issued when the case was before Judge Hixson; the order reassigning the case vacated that date.) Separately, Gates’s motion revealed that he “has not formally served” defendant Superior Loan Servicing (“Superior”). Dkt. No. 31 (emphasis in original). That is deeply troubling. After Gates filed his motion for a temporary restraining order (“TRO”), I set a hearing on it and wrote that “[c]ounsel for the plaintiff is ORDERED to serve the defendant with process and a copy of this…

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