Hodge et al v. NationStar Mortgage Holdings, Inc. et al

Filing 13

STIPULATION and ORDER to EXTEND TIME to FILE RESPONSIVE PLEADING AND RESCHEDULE Initial Scheduling Conference currently set for 1/19/2017 is CONTINUED to 3/2/2017 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 12/23/2016. (Lafata, M)

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1 2 3 4 5 6 7 8 TROUTMAN SANDERS LLP Chad R. Fuller, Bar No. 190830 chad.fuller@troutmansanders.com Justin M. Brandt, Bar No. 278368 justin.brandt@troutmansanders.com 11682 El Camino Real, Suite 400 San Diego, CA 92130-2092 Telephone: 858-509-6000 Facsimile: 858-509-6040 Attorneys for Defendant NATIONSTAR MORTGAGE HOLDINGS, INC. 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 JIMMIE HODGE and GLORIA HODGE, individually and on behalf of a class of similarly situated individuals, 14 15 16 17 18 Plaintiffs, v. NATIONSTAR MORTGAGE HOLDINGS, INC. and BANK OF AMERICA, N.A., Case No. 1:16-cv-01516-DAD-MJS STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING AND TO RESCHEDULE SCHEDULING CONFERENCE; ORDER Current Date: January 19, 2017 Proposed New Date: March 2, 2017 Time: 10:30 a.m. Ctrm.: 6 Defendants. 19 20 21 Plaintiffs Jimmie Hodge and Gloria Hodge and Defendants Nationstar 22 Mortgage Holdings, Inc. (“Nationstar”) and Bank of America, N.A. (“BANA”), by 23 and through their respective counsel, hereby agree and stipulate as follows: 24 25 26 27 28 WHEREAS, Plaintiffs served their Complaint on Nationstar in this action on October 11, 2016; WHEREAS, on November 1, 2016, Nationstar filed a stipulation for extension of time of 28 days to respond to the Complaint; WHEREAS, on November 1, 2016, BANA signed a Waiver of the Service of T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30000961v1 STIPULATION FOR EXTENSION OF TIME CASE NO:16-CV-01516-DAD-MJS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Summons, setting the date for it to respond to the Complaint as January 3, 2017; WHEREAS, on November 28, 2016, Nationstar filed a second stipulation for extension of time until January 3, 2017; WHEREAS, the current deadline for both Nationstar and BANA to respond to the Complaint is January 3, 2017; WHEREAS the parties have engaged in settlement discussions; WHEREAS, Nationstar and BANA are requesting additional time to file their response to the Complaint so the parties can meet after the holidays during the week of January 9, 2017 (or another date mutually agreeable to all the parties), to further discuss potential settlement; WHEREAS, Plaintiffs have agreed to an extension until February 3, 2017, for Defendants Nationstar and BANA to respond to the Complaint; WHEREAS, Plaintiffs and Defendants agree that extending Defendants’ response date to February 3, 2017, would require an extension of the currently scheduled Scheduling Conference; and WHEREAS, subject to the approval of the Court, Plaintiffs and Defendants agree to continue the Scheduling Conference to March 2, 2017. As such, ALL PARTIES STIPULATE and respectfully REQUEST the Court to order: 1. The date for all defendants to file a responsive pleading to the Complaint will be February 3, 2017. 2. The January 19, 2017 Scheduling Conference is continued to March 2, 2017 at 10:30 a.m. in Courtroom 6. 24 25 IT IS SO STIPULATED: 26 27 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30000961v1 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS 1 Dated: December 20, 2016 TROUTMAN SANDERS LLP 2 3 By:/s/ Justin M. Brandt Chad R. Fuller Justin M. Brandt Attorneys for Defendant NATIONSTAR MORTGAGE HOLDINGS, INC. 4 5 6 7 Dated: December 20, 2016 BRYAN CAVE LLP 8 9 By:/s/ Douglas A. Thompson (as authorized on this date) Douglas A. Thompson Attorneys for Defendant BANK OF AMERICA, N.A. 10 11 12 13 Dated: December 20, 2016 HICKS THOMAS LLP 14 By:/s/ John B. Thomas (as authorized on this date) John B. Thomas (Bar No. 269538) Eric Grant (Bar No. 151064) Attorneys for Plaintiffs JIMMIE HODGE and GLORIA HODGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30000961v1 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS 1 2 3 4 5 6 7 ORDER Pursuant to the parties’ stipulation in case number 1:16-cv-01516-DAD-MJS, IT IS HEREBY ORDERED that Defendants Nationstar Mortgage Holdings, Inc. and Bank of America, N.A. shall have an extension of time to respond to Plaintiffs’ complaint up through and including February 3, 2017, and the January 19, 2017 Scheduling Conference is continued to March 2, 2017, at 10:30 a.m. in Courtroom 6 before the undersigned. 8 9 IT IS SO ORDERED. 10 11 Dated: December 23, 2016 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30000961v1 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS 1 CERTIFICATE OF CM/ECF SERVICE The undersigned hereby certifies that a true and correct copy of the above 2 3 and foregoing document has been served on December 20, 2016, to all counsel of 4 record who are deemed to have consented to electronic service via the Court’s 5 CM/ECF system per Federal Rule of Civil Procedure 5 and Civil Local Rule 135. 6 Any counsel of record who have not consented to electronic service through the 7 Court’s CM/ECF system will be served by electronic mail, first class mail, 8 facsimile and/or overnight delivery. Pursuant to the Electronic Case Filing 9 Administrative Policies and Procedures Manual, I hereby certify that the content of 10 this document is acceptable to John B. Thomas, counsel for Plaintiffs, and that I 11 have obtained his authorization to affix his electronic signature to this document. 12 13 /s/ Justin M. Brandt Justin M. Brandt 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 30000961v1 SAN DIEGO, CA 92130-2092 29966743 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS

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