Halajian v. Deutsche Bank National Trust Co. et al

Filing 69

ORDER granting stipulation to continue Motion Hearing set for 6/2/2014 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) signed by District Judge Anthony W. Ishii on May 2, 2014. (Nazaroff, H)

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RANDY RISNER, SBN 172552
Law Office of Randy Risner
1505 N. Wishon Ave.
Fresno, cA 93728
[phone]
[phone]
[e-mail]
Attorney for Plaintiff, Barry Halajian

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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BARRY HALAJIAN, an individual,

)
)
Plaintiffs,
)
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v.
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DEUTSCHE BANK NATIONAL TRUST )
COMPANY, AS TRUSTEE FOR GSAMP )
TRUST 2005-HE4, MORTGAGE PASS)
THROUGH CERTIFICATES, SERIES
)
2005-HE4, a New York Corporation; JP
)
MORGAN CHASE BANK N.A., a national )
banking association incorporated in New
)
York; NDEx WEST LLC, a Delaware limited )
liability company; and WHITNEY K. COOK,
)
an individual residing in Ohio; ALL
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PERSONS KNOWN OR UNKNOWN
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CLAIMING AN INTEREST IN 4917 E.
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SOONER DR., FRESNO, CALIFORNIA
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93727; and DOES 1 through 20, inclusive.
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Defendants.
)
)

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Case No.: 1:12-CV-00814-AWI-GSA
JOINT STIPULATION TO CONTINUE
DEFENDANTS JPMORGAN CHASE
BANK N.A. AND WHITNEY COOK’S
MOTION FOR SUMMARY JUDGMENT

RECITALS
1.

Plaintiff Barry Halajian (“Plaintiff”) filed the instant Complaint (“Complaint”) on

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May 16, 2012 against Defendants Deutsche Bank National Trust Company, as Trustee for

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GSAMP TRUST 2005-HE4 Mortgage Pass-Through Certificates, Series 2005-HE4

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__________________________________________________________________________________

JOINT STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT;
PROPOSED ORDER
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(“Deutsche Bank”), JPMorgan Chase Bank, N.A. (“Chase”), Whitney Cook (“Cook”), and NDEX
West LLC.

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2.

On April 11, 2014, Defendants JPMorgan Chase Bank N.A. and Cook filed a

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Joint Motion for Summary Judgment (the “Chase MSJ”). Defendant Deutsche Bank filed its

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Motion for Summary Judgment (the “Deutsche Bank MSJ”) on the same day.
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hearing date for the Deutsche Bank MSJ is set for June 2, 2014 at 1:30 p.m.
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5.

Defendants Chase and Cook have no objection to Plaintiff’s attorney’s request

for more time in light of his adverse personal circumstances, which Defendants acknowledge as
legitimate reasons for an extension of time and accept on their face as being offered in good
faith.
6.

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Plaintiff’s attorney has scheduling conflicts and other matters that have

impacted his time and ability to prepare and file an opposition to the Chase MSJ.

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The hearing date for the Chase MSJ is set for May 12, 2014 at 1:30 p.m. The

The Parties have met and conferred and agree that a continuance of the Chase

MSJ hearing to June 2, 2014 at 1:30 p.m. will benefit all parties and the Court in that the Chase
MSJ and the Deutsche Bank MSJ may be heard at the same time.

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STIPULATION

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1.

The Parties wish to continue the Chase MSJ hearing to June 2, 2014 at 1:30 p.m.

with all deadlines for the filing and service of an opposition and all deadlines for a reply thereto

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are likewise extended relative to the June 2, 2014 hearing date. That is, any opposition by

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plaintiff is due 14 days before the new hearing date and any reply to any opposition is due seven

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days before the new hearing date.

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__________________________________________________________________________________

JOINT STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT;
PROPOSED ORDER
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Dated: May 2, 2014

WARGO & FRENCH LLP

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By:

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/s/ Laura K. Gladwin
Mark L. Block
Laura K. Gladwin
Attorneys for Defendant,
JP MORGAN CHASE BANK, N.A.

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Dated: May 1, 2014

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SIMPSON THACHER & BARTLETT LLP
By:

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/s/ Jonathan M. Weiss
Deborah L. Stein
Jonathan M. Weiss
Attorneys for Defendant,
WHITNEY K. COOK

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Dated: April 28, 2014

LAW OFFICE OF RANDY RISNER

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By:

/s/ Randy Risner
Randy Risner
Attorney for Plaintiff,
BARRY HALAJIAN

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__________________________________________________________________________________

JOINT STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT;
PROPOSED ORDER
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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BARRY HALAJIAN, an individual,

)
)
Plaintiffs,
)
)
v.
)
DEUTSCHE BANK NATIONAL TRUST )
COMPANY, AS TRUSTEE FOR GSAMP )
TRUST 2005-HE4, MORTGAGE PASS)
THROUGH CERTIFICATES, SERIES
)
2005-HE4, a New York Corporation; JP
)
MORGAN CHASE BANK N.A., a national )
banking association incorporated in New
)
York; NDEx WEST LLC, a Delaware limited )
liability company; and WHITNEY K. COOK,
)
an individual residing in Ohio; ALL
)
PERSONS KNOWN OR UNKNOWN
)
CLAIMING AN INTEREST IN 4917 E.
)
SOONER DR., FRESNO, CALIFORNIA
)
93727; and DOES 1 through 20, inclusive.
)
Defendants.
)
)

Case No.: 1:12-CV-00814-AWI-GSA
ORDER GRANTING JOINT
STIPULATION TO CONTINUE
DEFENDANTS JPMORGAN CHASE
BANK N.A. AND WHITNEY COOK’S
MOTION FOR SUMMARY JUDGMENT

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The Court having considered the Parties’ JOINT STIPULATION TO CONTINUE

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DEFENDANTS JPMORGAN CHASE BANK N.A. AND WHITNEY COOK’S MOTION

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FOR SUMMARY JUDGMENT, finding good cause appearing, hereby GRANTS the
Stipulation and ORDERS as follows:

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The hearing date for JPMorgan Chase Bank N.A. and Whitney Cook’s Motion for

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Summary Judgment is continued to June 2, 2014 at 1:30 p.m. Any opposition thereto is to be

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__________________________________________________________________________________

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JOINT STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT;
PROPOSED ORDER
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filed 14 days before the hearing. Any reply to the opposition is to be filed seven days before

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the hearing.

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IT IS SO ORDERED.
Dated:

May 2, 2014
SENIOR DISTRICT JUDGE

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__________________________________________________________________________________

JOINT STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT;
PROPOSED ORDER
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