Schley v. The Golden One Credit Union, et al

Filing 28

STIPULATION and ORDER 27 signed by Judge John A. Mendez on 6/7/10, ORDERING that dft the Golden 1 Credit Uion is GRANTED an ext until, and including 7/17/10, to file a response to pltf's first amended complaint. (Kastilahn, A)

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DOWNEY BRAND LLP

DOWNEY BRAND LLP JANLYNN R. FLEENER (Bar No. 169385) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant THE GOLDEN 1 CREDIT UNION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DONALD L. SCHLEY, Plaintiff, v. THE GOLDEN ONE CREDIT UNION, an entity of unknown form; BANK OF AMERICAN, an entity of unknown form; RECONTRUST COMPANY, N.A., an entity of unknown form; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., an entity of unknown form; BAC HOME LOANS SERVICING, L.P., an entity of unknown form; T.D. SERVICE COMPANY, an entity of unknown form; and DOES 1 through 100, inclusive, Defendants.

Case No. 2:10-00823-JAM-KJN Hon. John A. Mendez, Courtroom 6 JOINT STIPULATED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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Complaint Filed: Trial Date:

February 18, 2010 None

STIPULATED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT Pursuant to Local Rules 83-143 and 6-144, plaintiff DONALD L. SCHLEY ("Plaintiff") and Defendant THE GOLDEN 1 CREDIT UNION ("Golden 1") hereby stipulate and agree to extend the time for the Golden 1 to respond to Plaintiff's First Amended Complaint in the above1

JOINT STIPULATED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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DOWNEY BRAND LLP

entitled action, and apply for an order from the court granting said extension. This application and stipulation is based on the following facts: Plaintiff filed his original complaint in Sacramento County Superior Court on February 18, 2010 against Golden 1, Bank of America, ReconTrust Company, Mortgage Electronic Registration Systems, Inc., BAC Home Loans Servicing and T.D. Service Company. On or about April 8, 2010, the Bank of America defendants removed the case to the United States District Court for the Eastern District of California. The Bank of America defendants then filed a Motion to Dismiss. On or about May 12, 2010, Golden 1 also filed a Motion to Dismiss. Plaintiff has now filed voluntary dismissals of all defendants except the Golden 1. And on or about May 19, 2010, Plaintiff filed a First Amended Complaint against the Golden 1. As a result of Plaintiff's filings, the Court vacated the hearings on defendants' motions to dismiss. On or about May 25, 2010, Plaintiff filed a motion entitled "Motion for Federal Court Abstention and for Remand to State Court." The motion is set for hearing on July 7, 2010. The Golden 1's response to Plaintiff's First Amended Complaint is due before Plaintiff's Motion for abstention and remand will be heard. But given that that motion is pending, the parties agree that the motion should be heard and decided before the Golden 1 files a responsive pleading. So, the parties desire to extend the Golden 1's deadline to file a response to Plaintiff's First Amended Complaint until after the Court rules on Plaintiff's Motion for abstention and remand. Therefore, Plaintiff and the Golden 1, by and through their undersigned counsel, HEREBY STIPULATE AND AGREE that Golden 1 shall have an extension of time to respond to the First Amended Complaint until ten days after the hearing on Plaintiff's motion for abstention and remand. The motion is set for hearing on July 7, 2010, and thus the parties stipulate and agree to an extension until July 17, 2010. The Golden 1's response is currently due June 7, 2010. Because the parties are seeking to stipulate to an extension of more than 30 days, court approval for the extension is required under Local Rule 6-144(a).

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1081414.1

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JOINT STIPULATED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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DATED: June 7, 2010

LAW OFFICES OF DAVID M. TRAPANI

By:

/s/ DAVID M. TRAPANI DAVID M. TRAPANI Attorney for Plaintiff DONALD L. SCHLEY

DATED: June 7, 2010

DOWNEY BRAND LLP

By:

/s/ JANLYNN R. FLEENER JANLYNN R. FLEENER Attorney for Defendant THE GOLDEN 1 CREDIT UNION

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ORDER The parties' joint stipulated application for extension is GRANTED. Defendant the Golden 1 Credit Union shall have an extension until, and including, July 17, 2010, to file a response to Plaintiff's First Amended Complaint. IT IS SO ORDERED. DATED: June 7, 2010 /s/ John A. Mendez HONORABLE JOHN A. MENDEZ

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JOINT STIPULATED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER

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