Knapp v. JP Morgan Chase Bank, N.A. et al

Filing 74

AMENDED STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/9/2012. Settlement Conference continued to 8/24/2012 at 9:30 AM in Courtroom 26. If the matter does not settle at the Mandatory Settlement Conference, the Parties are ordered to notify the Court with ten days of the settlement conference that the case has not settled, at which time the Court will resolve Defendant's currently pending Motion to Dismiss. (Owen, K)

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ROBERT OLIVER (CA Bar No. 180318)
[e-mail]
MARVIN B. ADVIENTO (CA Bar No. 240315)
[e-mail]
ALVARADOSMITH
A Professional Corporation
1 MacArthur Place, Suite 200
Santa Ana, California 92707
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants,
JPMORGAN CHASE BANK, N.A., individually and
successor by merger to CHASE HOME FINANCE LLC,
erroneously sued as CHASE HOME MORTGAGE LLC,
and FEDERAL NATIONAL MORTGAGE
ASSOCIATION
UNITED STATES DISTRICT COURT

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A LVARADO S MITH
A P ROFESSIONAL C ORPORATI ON
S ANT A A NA

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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FLOYD KNAPP,
Plaintiff,

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v.

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JP MORGAN CHASE BANK, N.A.; CHASE
HOME MORTGAGE LLC; FEDERAL
NATIONAL MORTGAGE ASSOCIATION aka
FANNIE MAE and DOES 1 to 100,

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Defendants.

CASE NO.: 10-CV-02889-KJM-GGH
JUDGE: Hon. Carolyn K. Delaney
STIPULATION RE CONTINUANCE OF
MANDATORY SETTLEMENT
CONFERENCE; AMENDED ORDER
DATE:
TIME:
CRTRM:

August 10, 2012
9:30 AM
26

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Action Filed: September 27, 2010
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It is hereby stipulated and agreed to between Plaintiff Floyd Knapp, through his attorney,

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Kresta Daly, and Defendant JPMorgan Chase Bank, N.A., et al, through their counsel, Marvin B.

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Adviento, that the Mandatory Settlement Conference set for August 10, 2012 be continued to Friday,

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August 24, 2012 at 9:30 AM.

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The Parties previously stipulated to, and obtained from the Court, a continuance of the
Mandatory Settlement Conference from June 18, 2012 to the currently set date of August 10, 2012.
{00006901}

3268351.1 -- AL109.1951

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STIPULATION AND PROPOSED ORDER RE CONTINUANCE OF MSC

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The Parties have maintained ongoing discussions regarding settlement. Plaintiff has

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submitted a loan modification application to Defendant. Defendant is in receipt of Plaintiff's loan

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modification application. Defendant has requested additional information which Plaintiff is in the

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process of obtaining. The parties require a brief continuance in order to gather documents and

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review the completed loan modification application. Plaintiff will use his best efforts to submit the

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documents no later than August 13, 2012.
The Parties contacted the Court and confirmed that August 24, 2012 at 9:30 AM is available

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for the Mandatory Settlement Conference.

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DATED: August 9, 2012

ALVARADOSMITH
A Professional Corporation

A LVARADO S MITH
A P ROFESSIONAL C ORPORATI ON
S ANT A A NA

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By: /s/ MARVIN B. ADVIENTO
ROBERT OLIVER
MARVIN B. ADVIENTO
Attorneys for Defendants
JPMORGAN CHASE BANK, N.A., individually
and successor by merger to CHASE HOME
FINANCE LLC, erroneously sued as CHASE
HOME MORTGAGE LLC, and FEDERAL
NATIONAL MORTGAGE ASSOCIATION

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DATED: August 9, 2012

BARTH TOZER & DALY, LLP

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By: /s/ KRESTA NORA DALY
KRESTA NORA DALY
Attorneys for Plaintiff
Floyd Knapp

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{00006901}
3268351.1 -- AL109.1951

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STIPULATION AND PROPOSED ORDER RE CONTINUANCE OF MSC

AMENDED ORDER

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For the reasons stipulated by the Parties as set forth above, the Mandatory Settlement
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Conference currently set for Friday, August 10, 2012 at 9:30AM in Department 26 of the above4

entitled Court, is hereby continued to Friday, August 24, 2012 at 9:30AM in Department 26.
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All counsel shall attend in person. Counsel are instructed to have a principal with full
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settlement authority present at the Settlement Conference or to be fully authorized to settle the
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matter on any terms.
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If the matter does not settle at the Mandatory Settlement Conference, the Parties are ordered
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to notify the Court with ten (10) days of the settlement conference that the case has not settled, at
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which time the Court will resolve Defendant's currently pending Motion to Dismiss.

A LVARADO S MITH
A P ROFESSIONAL C ORPORATI ON
S ANT A A NA

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IT IS SO ORDERED.
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Dated: August 9, 2012

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_______________________________
CAROLYN K. DELANEY
UNITED STATES
MAGISTRATE JUDGE

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b0d4o
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{00006901}
3268351.1 -- AL109.1951

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STIPULATION AND PROPOSED ORDER RE CONTINUANCE OF MSC