Rios v. EMC Mortgage Corporation et al

Filing 10

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 10/28/09 ORDERING that the hearing on the 6 Motion to Dismiss is CONTINUED to 12/03/09 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.Plfs opposition is due by 11/18/09; dfts' reply is due 11/25/09 and plf shall mail a copy of this Stipulation and Order to the remaining defendants. (Benson, A.)

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TRIAL & TECHNOLOGY LAW GROUP A PROFESSIONAL CORPORATION ROBERT A. SPANNER (SBN 60308) [e-mail] SUSAN KALRA (SBN 167940) [e-mail] 545 MIDDLEFIELD ROAD, SUITE 220 MENLO PARK, CA 94025 PHONE: [phone] FAX: [phone] Attorney for Plaintiff DIANA RIOS UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIANA A. RIOS, 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff DIANA A. RIOS and Defendants EMC MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., GREENPOINT MTA TRUST 2005-AR5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005AR5 erroneously sued as WELLS FARGO BANK NA, JPMORGAN CHASE BANK, N.A., erroneously sued as JP MORGAN CHASE, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (collectively, "Defendants") by and through their respective counsel, stipulate and agree as follows: WHEREAS Plaintiff filed her Complaint on August 29, 2009; WHEREAS on September 23, 2009 Defendants filed their Motion to Dismiss the Complaint for Failure to State a Claim; Defendants. ___________________________________/ v. EMC MORTGAGE CORPORATION, et al., STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS JUDGE: Hon. Morrison C. England, Jr. CASE NO. 09-cv-02447-MCE-JFM

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WHEREAS the hearing on Defendants' Motion to Dismiss is presently scheduled for November 12, 2009; WHEREAS Plaintiff's opposition to Defendants' Motion to Dismiss is presently due October 29, 2009; The parties hereto, by and through their counsel, stipulate and agree as follows: 1. The hearing on Defendants' Motion to Dismiss shall be continued to December 3,

2009 at 2:00 p.m., or as soon thereafter as is convenient to the Court; 2. 3. 4. defendants. Plaintiff's opposition shall be filed and served by November18, 2009; Defendants' reply shall be filed and served by November 25, 2009; and Plaintiff shall mail a copy of this Stipulation and Order to the remaining

Dated: ________________

TRIAL & TECHNOLOGY LAW GROUP By: _____________________________________ Susan Kalra

Dated: ________________ 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 28, 2009

ADORNO YOSS ALVARADO & SMITH By: _____________________________________ Macey Chan ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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S tip . to Extend Hearing Date ­ 09-cv-02447-MCE-JFM