Bain et al v. Wells Fargo Bank et al

Filing 13

STIPULATION and ORDER Extending Defendants' Time to Respond to Complaint signed by Magistrate Judge Gary S. Austin on 2/16/2010. (Esteves, C)

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MUNGER, TOLLES & OLSON LLP MARC T.G. DWORSKY (State Bar No. 157413) [e-mail] LAWRENCE C. BARTH (State Bar No. 123002) [e-mail] JOSHUA P. GROBAN (State Bar No. 200095) [e-mail]@mto.com 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant WELLS FARGO BANK, NATIONAL ASSOCIATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION KENNETH AND GWEN BAIN, et al., Plaintiffs, vs. WELLS FARGO BANK, NATIONAL ASSOCIATION, et al., Defendants. CASE NO.: 1:09-cv-02218-LJO-GSA STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT

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STIP. EXTENDING TIME TO RESPOND TO COMPLAINT 1:09-CV-02218-LJO-GSA

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IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, subject to approval by the Court, that: WHEREAS, the Complaint in this action was served on Defendant The Bank of New York Mellon ("BNYM") on December 29, 2009; WHEREAS, the Complaint in this action was served on Defendant Wells Fargo Bank, National Association ("Wells Fargo") on or about December 24, 2009; WHEREAS, by stipulation dated on or about January 20, 2010, the parties agreed to extend the Defendants' time to respond to the Complaint for a period of no greater than twenty-eight days until on or before February 16, 2010; WHEREAS, on February 4, 2010, Defendants filed a joint petition with the Judicial Panel on Multidistrict Litigation ("MDL Panel") requesting that centralized pretrial proceedings take place in the instant action and five other actions currently pending in the Central District of California ("Joint Petition"); WHEREAS, Defendants expect their Joint Petition to be heard by the MDL Panel on March 25, 2010, which is the next tentatively-scheduled sitting of the MDL Panel; WHEREAS, on February 12, 2010, Defendants filed a joint ex parte application seeking an extension of time to respond to the Complaint in the instant action until thirty days after the MDL Panel rules on Defendants Joint Petition; WHEREAS, Plaintiffs now have agreed to the relief sought by Defendants in their ex parte application; THEREFORE, IT IS STIPULATED AND AGREED, by and between the parties, through their respective attorneys of record, as follows: Defendants BNYM and Wells Fargo's time to respond to the Complaint shall be extended until thirty days after the MDL Panel rules on

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STIP. EXTENDING TIME TO RESPOND TO COMPLAINT 1:09-CV-02218-LJO-GSA

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Defendants' joint petition requesting the transfer of this action for pretrial proceedings to the Central District of California. DATED: February 16, 2010 MUNGER, TOLLES & OLSON LLP MARC T.G. DWORSKY LAWRENCE C. BARTH JOSHUA P. GROBAN By: /s/ Joshua P. Groban JOSHUA P. GROBAN Attorneys for Defendant WELLS FARGO BANK, NATIONAL ASSOCIATION DATED: February 16, 2010 GIBSON, DUNN & CRUTCHER LLP JOEL A. FEUER By: /s/ Joel A. Feuer JOEL A. FEUER Attorneys for Defendant THE BANK OF NEW YORK MELLON CORPORATION DATED: February 16, 2010 PERKINS, MANN & EVERETT By: /s/ Douglas V. Thornton DOUGLAS V. THORNTON Attorneys for Plaintiffs

IT IS SO ORDERED: DATED: February 16, 2010 By: /s/ Gary S. Austin__________ Hon. Gary S. Austin United States Magistrate Judge

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STIP. EXTENDING TIME TO RESPOND TO COMPLAINT 1:09-CV-02218-LJO-GSA