`
`SUPERIOR COURT
`
`ORDER 409106
`
`WELLS FARGO BANK,N.A.
` V.
`RICHARD, ERIC P Et Al
`
`JUDICIAL DISTRICT OF STAMFORD
` AT STAMFORD
`
`12/3/2018
`
`ORDER
`
`ORDER REGARDING:
`12/03/2018 122.00 MOTION TO VACATE ORDER
`
`No Counsel Present. No Parties Present.
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER:
`
`The plaintiff's Motion for Summary Judgment was assigned to the foreclosure short calendar on
`11/5/2018 presided over by this court. On November 5, 2018 this court examined the defendant's
`Answer and noted in the Sixth Special Defense the issue of lack of standing was stated. Thus on
`11/5/2018 this court determined that a hearing must be held on the issue of standing and assigned that
`hearing for 12/11/2018 ordering the defendant to file a Motion to Dismiss by 12/3/2018 addressing
`standing and lack of subject matter jurisdiction.
`
`The defendant has elected not to file a written Motion to Dismiss by December 3, 2018. The court
`hereby converts the hearing scheduled for 12/11/2018 to a hearing on a sua sponte Motion to Strike the
`Sixth Special Defense since lack of standing must be raised by a Motion to Dismiss and not by a Special
`Defense. In addition the Motion to Vacate Order #122.00 will be heard on 12/11/2018. The hearing of
`12/11/2018 will also be a discovery status conference. If the plaintiff has the ability to provide some or
`all of the requested documents on 12/11/2018, the status conference will involve discovery compliance.
`The court notes that the time for the plaintiff to formally respond to the 10/17/2018 Request for
`Production has not yet passed and will not have passed by 12/11/2018. Regardless of that fact, a
`discovery status conference will be held. The court requests, but does not order, that the plaintiff provide
`the original loan documents at that 12/11/2018 court hearing.
`
`Judicial Notice (JDNO) was sent regarding this order.
`
`409106
`
`Judge: KEVIN TIERNEY
`Processed by: Amy Melashvili
`
`FSTCV176032683S 12/3/2018
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`Page 1 of 1
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