Foster v. Bear Stearns Residential Mortgage Corporation, et al.

Filing 51

ORDER signed by Senior Judge Lawrence K. Karlton on 9/2/10 ORDERING dispositional documents disposing of the case be filed no later than 30 days from the effective date of this order. (Carlos, K)

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Foster v. Bear Stearns Residential Mortgage Corporation, et al. Doc. 51 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Plaintiff, 12 v. 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 / On August 5, 2010, plaintiff filed a notice of settlement. On August 10, 2010, the court ordered that dispositional documents shall be filed within twenty (20) days. On August 30, 2010, defendants' counsel filed a declaration explaining that BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION, EMC MORTGAGE CORPORATION, FIRST GLOBAL PACIFIC FUNDING and DOES 1-10, ORDER LESLIEANNE FOSTER, NO. CIV. S-08-1691 LKK/KJM dispositional documents cannot be filed because plaintiff no longer agrees to the terms of the negotiated settlement, but instead requests the addition of a new term. He also attached several emails between plaintiff, plaintiff's counsel, and defendants' counsel, which suggest that plaintiff believes that her counsel 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 misrepresented the terms of the settlement to her and that her counsel is not entitled to fees. Defendants' counsel testifies that he has communicated the plaintiff's proposed new settlement term to his client, and is awaiting a response. For this reason, he requests an additional thirty (30) days to file dispositional documents in this case. For the foregoing reasons, the court ORDERS that the dispositional documents disposing of the case be filed no later than thirty (30) days from the effective date of this order. IT IS SO ORDERED. DATED: September 2, 2010. 2

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