Bank Of America v Yakimenko

Filing 49

STIPULATION and ORDER 48 to extend Pre-Trial deadlines signed by Judge Morrison C. England, Jr. on 5/5/2012. Modified Scheduling Order is as follows: Discovery cut-off is 6/28/2012; Expert Witness Disclosure now due by 7/12/2012; Dispositive Motion filing deadline is 7/26/2012; Opposition shall be filed by 8/16/2012; Replies due on 8/30/2012. Motion Hearings will be set for 9/20/2012 at 2:00 PM. Defendant's pending 40 Motion for Summary Judgment is DENIED at this point without prejudice. Permission is granted to re-file the Motion at a later time for hearing no later than 9/20/2012. (Marciel, M)

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Stuart B. Wolfe (SBN 156471)
Alice M. Dostalova (SBN 244513)
[e-mail]
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3579
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
BANK OF AMERICA, N.A., as successor by merger to La
Salle Bank National Association, as trustee for the Merrill
Lynch First Franklin Mortgage Loan Trust, Mortgage Loan
Asset-Backed Certificates, Series 2007-H-1 and as trustee for
the Merrill Lynch First Franklin Mortgage Loan Trust, Series
2007-A Mortgage Loan Asset-Backed Certificates

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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BANK OF AMERICA, N.A., as successor by
merger to LaSalle Bank National Association, as
trustee for the Merrill Lynch First Franklin
Mortgage Loan Trust, Mortgage Loan AssetBacked Certificates, Series 2007-H-1 and as trustee
for the Merrill Lynch First Franklin Mortgage Loan
Trust, Series 2007-A Mortgage Loan Asset-Backed
Certificates.

Case No.: 2:09-cv-02865
STIPULATION TO EXTEND PRE-TRIAL
DEADLINES; ORDER THEREON

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Plaintiff,
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v.
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NIKOLAY YAKIMENKO, an individual;
JANETA ASLANYAN, an individual; FIRST
AMERICAN TITLE INSURANCE CO., a
California corporation; GMAC MORTGAGE,
LLC, a Delaware corporation; and DOES 1 through
200, inclusive,
Defendants.

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules

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of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff

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BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as
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STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER

1004130.1

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trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed

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Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan

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Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates (“BOA”), Defendant GMAC

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MORTGAGE, LLC (“GMAC”), and Defendant DOE 1, UNITED STATES OF AMERICA (“US”),

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by and through their respective counsel of record herein. The parties stipulate and hereby seek the

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Court to continue all pre-trial dates currently set forth in the Scheduling Order based on good cause

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and agreement of the parties.
WHEREAS, BOA, GMAC and US are currently the only active, non-defaulted, parties in the

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action; and
WHEREAS, BOA, GMAC and US are currently seeking to resolve this matter without

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further Court intervention by way of a Mediation to occur by April 30, 2012; and
WHEREAS, GMAC has requested the continuance of the hearing on the Motion for

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Summary Judgment to the proposed Dispositive Motion hearing date of September 11, 2012; and
WHEREAS, the Trial Date of February 4, 2013 as currently set forth in the Scheduling

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Order, will remain the same; and
WHEREAS, all other dates not specifically set forth below shall remain as previously set by

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the Court on October 26, 2011; and

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WHEREAS, the parties wish to re-open discovery and extend the discovery cut-off deadline

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to a date closer to the February 4, 2013 trial date to allow the parties to continue their exploration of

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facts and issues in this matter, including information attained only after the passage of the current

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discovery cut-off date; and

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WHEREAS, there was one prior stipulation and request for modification of the scheduling

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order of all other dates except for trial, and one stipulation briefly extending the discovery cut-off

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deadline, all prior to the Court’s most recent order continuing the trial date to February 4, 2013; and
WHEREAS, the stipulation and request will not prejudice the parties;

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STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER

1004130.1

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NOW THEREFORE, good cause exists to modify the Scheduling Order relating to all pretrial dates, except the trial date, as follows:
Discovery Cut-Off Deadline ...................................June 28, 2012

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(Old Date: September 29, 2011)

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Expert Witness Disclosure ......................................July 12, 2012

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(Old Date: November 4, 2011)

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Dispositive Motion Filing Deadline........................July 26, 2012

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(Old Date: January 12, 2012)

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Opposition Filing Deadline .........................August 16, 2012

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(Old Date: February 2, 2012)

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Reply Filing Deadline .................................August 30, 2012

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(Old Date: February 16, 2012)

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Hearing on Dispositive Motion ................. September 11, 2012 at 2:00 p.m.

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(Old Date: March 8, 2012)

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NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the

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foregoing modification.

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DATED: February 21, 2012

CAMPBELL, WARBURTON, FITZSIMMONS

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By:_/s/ Lisa Jeong Cummins (authorized 2/21/2012)___
LISA JEONG CUMMINS
Attorneys for Defendant
GMAC MORTGAGE, LLC

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DATED: February 23, 2012

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JOHN A. DICICCO
Principal Deputy Assist. Attorney General
By: _/s/ Andy R. Camacho (authorized 2/23/2012)____
ANDY R. CAMACHO
Attorneys for Defendant DOE 1
UNITED STATES OF AMERICA

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STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER
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DATED: February 23, 2012

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WOLFE & WYMAN, LLP
By: _/s/ Alice M. Dostalova___________________________
ALICE M. DOSTALOVA
STUART B. WOLFE
Attorneys for Plaintiff
BANK OF AMERICA as successor by merger to LaSalle
Bank National Association, as trustee for the Merrill Lynch
First Franklin Mortgage Loan Trust, Mortgage Loan AssetBacked Certificates, Series 2007-H-1 and as trustee for the
Merrill Lynch First Franklin Mortgage Loan Trust, Series
2007-A Mortgage Loan Asset-Backed Certificates

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*** ORDER ***

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Pursuant to the parties’ stipulation, the Court adopts the deadlines proposed above with the

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exception of the proposed September 11, 2012 hearing on Defendants’ summary judgment motion.

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Because that date is not an available civil motion date on the Court’s calendar, the hearing will be set

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for September 20, 2012 at 2:00 p.m., the next available date after September 11, 2012. Moreover,

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Defendant’s currently pending Motion for Summary Judgment (ECF No. 40) is DENIED at this
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point, without prejudice, with permission granted to refile the motion at a later time for hearing not
later than September 20, 2012.
IT IS SO ORDERED.

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Dated: March 5, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER
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