Walters v Fidelity Mortgage of California, Inc., et al

Filing 25

STIPULATION and ORDER 24 to Extend Time for Pltf to File Second Amended Complaint, signed by Judge Frank C. Damrell, Jr., on 4/29/10. (Kastilahn, A)

1 A. PETER RAUSCH, JR. (State Bar No. 127930) Email: [e-mail] 2 LAW OFFICES OF A. PETER RAUSCH, JR. 1930 Tienda Drive, Suite 106 3 Lodi, California 95242 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff, DEANNA WALTERS 6 7 8 9 10 11 DEANNA WALTERS; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES DISTRICT COURT EASTERN DISTRICT Sacramento Division ) ) ) Plaintiff, ) ) v. ) FIDELITY MORTGAGE OF CALIFORNIA, ) INC.; CAL-WESTERN RECONVEYANCE ) C O R P . ; MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC.; JAMES ) YORK; OCWEN LOAN SERVICING, LLC; ) J.P. MORGAN CHASE & CO.; J.P. ) MORGAN CHASE BANK, N.A.; AND ) ) DOES 1 THROUGH 50, INCLUSIVE; ) ) Defendants. ) ____________________________________ ) ) ) JAMES YORK, ) ) Plaintiff, ) ) v. ) ) DEANNA WALTERS, ) ) Defendant. _____________________________________ )

Case No. 2:09-CV-03317-FCD-KJM STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ______________________________

Plaintiff DEANNA WALTERS ("Walters") and Defendants OCWEN LOAN
1

27 SERVICING, LLC ("Ocwen") and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 28
Stipulation and Order to Extend Time for Plaintiff to File Second Amended Complaint 2:09-cv-03317-FCD-KJM

1 INC, ("MERS") and James York ("York") by and through their undersigned attorneys of record, 2 hereby stipulate and agree and respectfully request the Court approve granting Walters a brief 3 extension of one (1) week to file a Second Amended Complaint. 4 5 This Stipulation and request is based on the following: 1. The Court issued a Memorandum and Order denying in part and granting in part,

6 with leave to amend, Defendants Ocwen and MERS' Motions to dismiss and to Strike. Walters 7 was granted fifteen days (April 29th) to file an amended complaint. 8 2. Walters has two counsel working on this matter. One of them has been traveling 9 on the east coast for the last week and will only return to his home later today, April 28th. The 10 other counsel is scheduled to travel to Hanover, New Hampshire to attend a Family Week-end at 11 Dartmouth College from April 29th through May 2nd. As a result, while counsel have been 12 working the amended pleading, they have not been able to meet and will not be able to meet until 13 Monday May 3rd to review and polish the draft amended complaint and finalize the pleading for 14 filing. 15 3. A brief extension of time is needed and is reasonable and appropriate to allow

16 counsel to finish and file the amended complaint. 17 18 19 20 DATED: April 28, 2010 21 22 23 24 25 26 27 28
2

4. 5.

The extension with not delay the progress of the case nor prejudice any party. The extension with advance the interests of justice. Respectfully Submitted, LAW OFFICES OF A. PETER RAUSCH, JR. By: /s/ A. Peter Rausch, Jr. A. PETER RAUSCH, JR. Attorneys for Plaintiff, Deanna Walters
[Submitted via E-Filing]

Stipulation and Order to Extend Time for Plaintiff to File Second Amended Complaint 2:09-cv-03317-FCD-KJM

1 DATED: April 28, 2010 2 3 4 5 6 DATED: April 28, 2010 7 8 9 10 11 12

HOUSER & ALLISON By: /s/ Lukasz I. Wozniak LUKASZ I. WOZNIAK Attorneys for Defendants, Ocwen Loan Servicing, LLC and Mortgage Electronic Registration Systems, Inc
[Submitted via E-Filing]

WAGNER KIRKMAN BLAINE KLOMPARENS & YOUMANS LLP By: /s/ Eric Garner ERIC GARNER Attorneys for Defendant and Cross-Complainant JAMES YORK
[Submitted via E-Filing]

E-FILING SIGNATURE ATTESTATION

I hereby attest that I have been expressly authorized by opposing counsel to affix his 13 signature above as indicated by a "conformed" signature (/S/) within this e-filed document. 14 April 28, 2010 15 16 17 18 19 20 21 Date: April 29, 2010 22 23 24 25 26 27 28
3

/s/ A. Peter Rausch, Jr. A. Peter Rausch, Jr.
[Submitted via E-Filing]

ORDER IT IS SO ORDERED.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

Stipulation and Order to Extend Time for Plaintiff to File Second Amended Complaint 2:09-cv-03317-FCD-KJM