Rubio et al v. Aurora Loan Services, LLC et al

Filing 54

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/15/09 ORDERING that the parties' above-stipulation provides that Aurora Loan Services LLC shall answer or otherwise respond to the first amended complaint and shall forbear from taking action to evict the plaintiffs from the property at 102 Crestwood Lane in American Canyon, CA during the pendency of this action in this District Court. (Becknal, R)

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AKERMAN SENTERFITT LLP DONALD M. SCOTTEN (SBN 190532) Email: [e-mail] 725 South Figueroa Street, 38th Floor Los Angeles, California 90017-5433 Telephone: [phone] Facsimile: [phone] AKERMAN SENTERFITT LLP JUSTIN D. BALSER (SBN 213478) Email: [e-mail] The Kittredge Building 511 Sixteenth Street, Suite 420 Denver, Colorado 80202 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AURORA LOAN SERVICES LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CARLOS RUBIO, an individual, MARTA RUBIO, an individual, Plaintiffs, v. AURORA LOAN SERVICES, LLC, et al., Defendants. Case No. 2:09-cv-01743 Hon. Garland E. Burrell, Jr. STIPULATION FOR EXTENSION OF TIME FOR AURORA LOAN SERVICES LLC TO RESPOND TO COMPLAINT; ORDER Complaint Filed: May 13, 2009 Trial Date: None

TO THE COURT AND THE PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that plaintiffs Carlos Rubio and Marta Rubio (plaintiffs) and defendant Aurora Loan Services LLC (Aurora) stipulate as follows: WHEREAS, plaintiffs filed their complaint on May 13, 2009; WHEREAS, plaintiff served Aurora with the complaint on May 20, 2009; WHEREAS, Aurora has not yet appeared in this action;

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STIPULATION FOR EXTENSION TO FILE RESPONSE TO COMPLAINT CASE NO. 09-CV-01743

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WHEREAS, a piece of real property which is the subject of this action, located at 102 Crestwood Lane in American Canyon, California (the property), has been sold at a trustee's sale, the validity of which plaintiffs challenge in this action; WHEREAS, plaintiffs intend to file a first amended complaint within the time allowed them by the Court's Order dated September 1, 2009; WHEREAS, Aurora is willing to forbear taking any action to evict plaintiffs from the property until conclusion of this litigation between Aurora and the plaintiffs in the District Court concerning this case; THEREFORE, the parties request that this Court order that Aurora be excused from responding to the complaint dated May 13, 2009, but that Aurora be required to respond to the plaintiffs' forthcoming amended complaint within the time allowed under Fed. R. Civ. P. 15(a)(3), and that Aurora forbear from evicting plaintiffs before proceedings in this District Court conclude. SO STIPULATED. Dated: September 15, 2009 Respectfully submitted, AKERMAN SENTERFITT LLP By: /s/ Justin D. Balser Justin D. Balser Attorney for Defendant AURORA LOAN SERVICES LLC HENDRICKSON LEGAL SERVICES By: /s/ John Hendrickson* John Hendrickson Attorney for Plaintiffs CARLOS RUBIO and MARTA RUBIO *e-signature approved via email on September 10, 2009

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STIPULATION FOR EXTENSION TO FILE RESPONSE TO COMPLAINT CASE NO. 09-CV-01743

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ORDER The parties' above-stipulation provides that Aurora Loan Services LLC shall answer or otherwise respond to the first amended complaint as required under Fed. R. Civ. P. 15(a)(3) and shall forbear from taking action to evict the plaintiffs from the property at 102 Crestwood Lane in American Canyon, California, during the pendency of this action in this District Court. IT IS SO ORDERED. Dated: 9/15/09 _________________________________ Garland E Burrell, Jr. United States District Judge

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STIPULATION FOR EXTENSION TO FILE RESPONSE TO COMPLAINT CASE NO. 09-CV-01743