Monday v. Saxon Mortgage Services, Inc. et al

Filing 54

STIPULATION and ORDER 53 for Extension of Time signed by Judge William B. Shubb on 12/29/2010. Defendants Ocwen Loan Servicing and U.S. Bank National Assoc. shall have up to and including 1/17/2011 to respond to First Amended Complaint. (Marciel, M)

-KJM Monday v. Saxon Mortgage Services, Inc. et al

Doc. 54

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ERIC D. HOUSER (SBN 130079) KEVIN R. BROERSMA (SBN 252748) HOUSER & ALLISON, A Professional Corporation 3760 Kilroy Airport Way, Suite 260 Long Beach, California 90806 Tel: [phone]; Fax: [phone] Email: [e-mail] Attorneys for Defendants, Ocwen Loan Servicing LLC; and U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1 (erroneously sued herein as U.S. Bank N.A.) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT SACRAMENTO DIVISION HENRIETTA J. MONDAY, an Individual, Plaintiff, vs. SAXON MORTGAGE SERVICES, INC, a Texas Corporation; OCWEN LOAN SERVICING, LLC, a Delaware Limited Liability Company; U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1, an Ohio Business Entity; T.D. SERVICE COMPANY a California Corporation; and DOES 1 through 50, Inclusive, Defendants. TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN: This Stipulation is made by and between Plaintiff HENRIETTA J. MONDAY ("Plaintiff") and Defendants OCWEN LOAN SERVICING LLC and U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1 ("Defendants") by and
__________________________________________________________________________________________ STIP TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

Case No.: 2:10-cv-00989-WBS-KJM Hon: William B. Shubb STIPULATION TO EXTEND TIME FOR DEFENDANTS OCWEN LOAN SERVICING LLC AND U.S. BANK NATIONAL ASSOCIATION TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

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Dockets.Justia.com

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through their respective counsel of record. Plaintiff and Defendants agree and stipulate as follows: 1. On December 28, 2010, Defendants requested of Plaintiff an extension of time to

answer the Verified First Amended Complaint filed by Plaintiff in the above-captioned matter "FAC"), to and including January 17, 2011. 2. On December 28, 2010, Plaintiff's counsel agreed to extend Defendants' time to

answer the FAC, to and including January 17, 2011. 3. the Court. WHEREFORE, Plaintiff and Defendants agree and stipulate that Defendants shall have up to and including January 17, 2011 to respond to the FAC. This Stipulation does not alter the date of any event or deadline already fixed by

Dated: December 28, 2010

FRANSEN & MOLINARO, LLP

/s/ Nathan Fransen Nathan Fransen Attorney for Plaintiff, HENRIERTTA J. MONDAY Dated: December 28, 2010 HOUSER & ALLISON A Professional Corporation

/s/ Kevin R. Broersma Kevin Broersma Attorney for Defendants, Ocwen Loan Servicing LLC; and U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1 (erroneously sued herein as U.S. Bank N.A.) ///

__________________________________________________________________________________________ STIP TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED DATED: December 29, 2010

ORDER ON STIPULATION The Court, having reviewed the Stipulation of Plaintiff and Defendants, and good cause appearing therefore, ORDERS that Defendants OCWEN LOAN SERVICING LLC and U.S. BANK NATIONAL ASSOCATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1 shall have up to and including January 17, 2011 to respond to Plaintiff's First Amended Complaint in this matter.

__________________________________________________________________________________________ STIP TO EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES

PROOF OF SERVICE ) ) ss )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 3760 Kilroy Airport Way, Suite 260, Long Beach, California 90806. On December 29, 2010, I served the following document(s): STIPULATION TO EXTEND TIME FOR DEFENDANTS OCWEN LOAN SERVICING LLC AND U.S. BANK NATIONAL ASSOCIATION TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER On the following interested parties in this action described as follows: Nathan Fransen Paul J. Molinaro Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 Tel.: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] Attorneys for Plaintiff Lawrence J. Dreyfuss The Dreyfuss Firm, APC 7700 Irvine Center Drive, Suite 710 Irvine, CA 92618 Tel.: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant T.D. Service Company [X] BY ELECTRONIC MAIL: I transmitted the document(s) listed above electronically either by e-mail or by electronic filing through the CM/ECF System to the e-mail addresses listed above. I am readily familiar with Microsoft Outlook's e-mail system and the United States District Court's CM/ECF System, and the transmission was reported as complete without error. Stuart B. Wolfe Feather D. Baron Wolfe & Wyman LLP 2175 N. California Blvd., Suite 645 Walnut Creek, CA 94596-3502 Tel.: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant Saxon Mortgage Services, Inc.

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I declare under penalty of perjury, under the laws of the United States of America, that the foregoing is true and correct. Executed on December 29, 2010, in Long Beach, California.

/s/ Richard Mendizábal Richard Mendizábal

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