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

Filing 16

STIPULATION and ORDER to Extend Time to File Responsive Pleading and to CONTINUE Initial Scheduling Conference Currently set for 3/2/2017 to 3/30/2017 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 1/30/2017. (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., Defendants. 19 Case No. 1:16-cv-01516-DAD-MJS STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING AND TO RESCHEDULE SCHEDULING CONFERENCE; ORDER Current Date: Proposed New Date: Time: Courtroom: March 2, 2017 March 30, 2017 10:00 a.m. 6 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 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; 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30267829v1 STIPULATION FOR EXTENSION OF TIME CASE NO:16-CV-01516-DAD-MJS 1 2 WHEREAS, on November 1, 2016, BANA signed a Waiver of the Service of Summons, setting the date for it to respond to the Complaint as January 3, 2017; 3 4 WHEREAS, on November 28, 2016, Nationstar filed a second stipulation for extension of time until January 3, 2017; 5 6 WHEREAS, on December 20, 2016, the Parties filed a stipulation for extension of time until February 3, 2017; 7 8 WHEREAS, the current deadline for both Nationstar and BANA to respond to the Complaint is February 3, 2017; 9 10 WHEREAS, the parties have engaged in settlement discussions and informally exchanged documents; 11 12 13 WHEREAS, Nationstar and BANA are requesting additional time to file their response to the Complaint so Plaintiffs can review the documents and the parties can continue to discuss potential settlement; 14 15 WHEREAS, Plaintiffs have agreed to an extension until March 3, 2017, for Defendants Nationstar and BANA to respond to the Complaint; 16 17 18 WHEREAS, Plaintiffs and Defendants agree that extending Defendants’ response date to March 3, 2017, would require an extension of the currently scheduled Scheduling Conference; and 19 20 WHEREAS, subject to the approval of the Court, Plaintiffs and Defendants agree to continue the Scheduling Conference to March 30, 2017. 21 22 As such, ALL PARTIES STIPULATE and respectfully REQUEST the Court to order: 23 24 1. Complaint will be March 3, 2017. 25 26 27 The date for all defendants to file a responsive pleading to the 2. The March 2, 2017 Scheduling Conference is continued to March 30, 2017 at 10:00 a.m. in Courtroom 6. \\ 28 T ROU TMA N S ANDE RS LLP 11682 EL CAMINO REAL SUITE 400 SAN DIEGO, CA 92130-2092 30267829v1 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS 1 IT IS SO STIPULATED: 2 3 Dated: January 27, 2017 TROUTMAN SANDERS LLP 4 5 By:/s/ Justin M. Brandt Chad R. Fuller Justin M. Brandt Attorneys for Defendant NATIONSTAR MORTGAGE HOLDINGS, INC. 6 7 8 9 Dated: January 27, 2017 BRYAN CAVE LLP 10 11 By:/s/ Douglas A. Thompson (as authorized on this date) Douglas A. Thompson Attorneys for Defendant BANK OF AMERICA, N.A. 12 13 14 15 Dated: January 27, 2017 HICKS THOMAS LLP 16 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 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 30267829v1 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, 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 in case number 1:16cv-01516-DAD-MJS up through and including March 3, 2017, and that the March 2, 2017 Scheduling Conference in this case is continued to March 30, 2017, at 10:00 a.m. in Courtroom 6 before the undersigned. 8 9 IT IS SO ORDERED. 10 11 Dated: January 30, 2017 /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 30267829v1 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS 1 2 CERTIFICATE OF CM/ECF SERVICE The undersigned hereby certifies that a true and correct copy of the above 3 and foregoing document has been served on January 27, 2017, 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. 9 Pursuant to the Electronic Case Filing Administrative Policies and 10 Procedures Manual, I hereby certify that the content of this document is acceptable 11 to John B. Thomas, counsel for Plaintiffs, and Douglas A. Thompson, counsel for 12 BANA, and that I have obtained their authorizations to affix their electronic 13 signatures to this document. 14 15 /s/ Justin M. Brandt Justin M. Brandt 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 30267829v1 29966743 STIPULATION FOR EXTENSION OF TIME CASE NO: 16-CV-01516-DAD-MJS

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