Garcia v. Caliber Home Loans, Inc. et al.

Filing 9

STIPULATION and ORDER STAYING Proceedings Until May 1, 2017; ORDER CONTINUING Initial Scheduling Conference to May 24, 2017 at 9:00 A.M., signed by Magistrate Judge Barbara A. McAuliffe on 2/16/17. (Hellings, J)

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David T. Biderman, Bar No. 101577
[e-mail]
Kristine E. Kruger, Bar No. 253593
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Attorneys for Defendant
Caliber Home Loans, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER JIM GARCIA,

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Plaintiff,
v.
CALIBER HOME LOANS, INC., a
Corporation, and Does 1 through 50,
inclusive,
Defendants.

Case No. 1:16-cv-01767-DAD-BAM
STIPULATION AND ORDER STAYING
PROCEEDINGS UNTIL MAY 1, 2017
ORDER CONTINUNG INITIAL
SCHEDULING CONFERENCE TO MAY 24,
2017 at 9:00 A.M.

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Plaintiff Javier Jim Garcia (“Plaintiff”) and Defendant Caliber Home Loans,

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Inc. (“Caliber”) (together the “Parties”), by and through their counsel of record

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stipulate and agree as follows:

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WHEREAS Plaintiff filed this action on or about October 11, 2015;

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WHEREAS Plaintiff submitted a loan modification application to Defendant

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on November 19, 2016;

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WHEREAS Defendant offered Plaintiff a loan modification on January 5,
2017;
WHEREAS Plaintiff began making trial payments on his loan starting on
February 1, 2017;
WHEREAS Plaintiff is expected to make three trial payments, ending with a
payment on April 1, 2017;
WHEREAS Caliber will offer a Plaintiff a permanent loan modification
when and if Plaintiff makes all three trial payments on time;
WHEREAS there is a Scheduling Conference set for February 22, 2017 at
8:30 a.m. in Courtroom 8;

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WHEREAS the parties are actively exploring potential settlement options,

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including Plaintiff’s foreclosure-avoidance and loss mitigation eligibility and are

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making meaningful progress;

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WHEREAS in order to avoid spending time, expense and judicial resources

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in connection with the present litigation, the Parties have agreed to and request that

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the Court grant the requested stay of the action until May 1, 2017;

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WHEREAS upon completion of the successful settlement negotiation, the

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current action is expected to be dismissed, therefore, it would be in all parties’ best

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interest to stay the action until May 1, 2017 and continue all related deadlines;

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WHEREAS if no settlement has been reached by the expiration of the stay,

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the Parties agree that the Court will re-calendar all currently scheduled proceedings,

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including the Scheduling Conference;

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WHEREAS the stay requested herein is not requested for purposes of delay
and will not result in any prejudice to the parties or to the Court; and
WHEREAS the Parties wish to conserve judicial resources by staying this
matter pending the settlement discussion.
IT IS SO STIPULATED AND AGREED.

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DATED: February 15, 2017

PERKINS COIE LLP

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By: /s/ Kristine Kruger
Kristine E. Kruger, Bar No. 253593
[e-mail]

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Attorneys for Defendant
Caliber Home Loans, Inc.

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DATED: February 15, 2017

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LAW OFFICE OF ALFRED A.
GALLEGOS

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By: /s/ Alfred A. Gallegos
Alfred A. Gallegos, Bar No. 160971
[e-mail]

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Attorneys for Plaintiff
Javier Jim Garcia

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134473558.1

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PARTIES’ JOINT STIPULATION AND ORDER
REQUESTING STAY OF ALL PROCEEDINGS
Case No 1:16-cv-01767-DAD-BAM

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ORDER
Pursuant to the Stipulation of the Parties and good cause appearing, the request to stay is
GRANTED in part. IT IS HEREBY ORDERED that:

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1.

The above-referenced action is stayed until May 1, 2017;

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2.

If no settlement has been reached by the expiration of the stay, the Court shall lift

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the stay sua sponte;
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The Court CONTINUES the Initial Scheduling Conference to May 24, 2017 at

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9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Each party

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may appear telephonically at the scheduling conference using the following dial-in number and

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passcode: dial-in number 1-877-411-9748; passcode 3190866. If the parties file a dismissal or a

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notice of settlement prior to the scheduling conference, the conference will be vacated.

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IT IS SO ORDERED.

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Dated:

February 16, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE