Zirelli v. Quality Loan Service Corporation, et al

Filing 12

STIPULATION and ORDER 11 signed by Judge Garland E. Burrell, Jr., on 4/4/11, ORDERING that plaintiff shall file a first amended complaint no later than 4/18/11. Defendants shall have 21 days from the date plaintiff files the first amended complaint to file their response. The hearing on Defendants' Bank of America and Mortgage Electronic Registration System Motion to Dismiss, currently set for April 18, 2011 is hereby VACATED. (Kastilahn, A)

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Holly S. Burgess (State Bar No. 104575) LAW OFFICES OF HOLLY S. BURGESS 680 Auburn-Folsom Road, Suite 109 Auburn, CA 95603 [phone]-Telephone [phone]-Facsimile [e-mail] Attorney for Plaintiff LOUIS ZIRELLI

THE UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION LOUIS ZIRELLI, ) ) Plaintiff, ) vs. ) ) WELLS FARGO BANK, N.A.; WELLS ) FARGO HOME MORTGAGE, INC.; ) QUALITY LOAN SERVICE ) CORPORATION; BANK OF AMERICA, ) N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC.; LEHMAN ) BROTHERS BANK, FSB; ALLIANCE TITLE; ) ) and DOES 1 through 10, ) ) Defendants. ) CASE NO. 2:11-cv-00305-GEB-DAD STIPULATION TO FILE FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER

HON. GARLAND E. BURRELL

1. Plaintiff, LOUIS ZIRELLI, filed his original Complaint in this action on February 1, 2011. 2. Defendants Bank of America, N.A. and Mortgage Electronic Registration System, Inc. responded by filing a Motion to Dismiss on March 7, 2011. This motion was set for a hearing on April 18, 2011. 3. Defendant Quality Loan Service Corporation responded by filing a Declaration of Nonmonetary Status on March 29, 2011. 4. Notwithstanding the pending motion, Counsel for Plaintiff, LOUIS ZIRELLI, and counsel for Defendants Bank of America, N. A. and Mortgage Electronic Registration System, as well as counsel for Defendant Quality Loan Service Corporation, agree and so stipulate, that

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Plaintiff shall file a First Amended Complaint no later than on April 18, 2011. 5. It is further stipulated that Defendants shall have twenty one (21) days from the date Plaintiff files the First Amended Complaint to file a response to the First Amended Complaint. 6. It is further stipulated that no new causes of action will be added to the First Amended Complaint with respect to Defendants Bank of America, N.A. or Mortgage Electronic Registration System or Quality Loan Service Corporation. 7. It is further stipulated that the hearing on Defendants' Bank of America, N.A. and Mortgage Electronic Registration System Motion to Dismiss, currently scheduled for April 18, 2011 at 9:00 am, is hereby vacated. 8. Counsel for Plaintiff LOUIS ZIRELLI, counsel for Defendants Bank of America, N.A. and Mortgage Electronic Registration System, and counsel for Defendant Quality Loan Service Corporation respectfully request the Court to accept this Stipulation and sign the Order below.

Dated: April 1, 2011

/s/ Holly S. Burgess Holly S. Burgess, Attorney for Plaintiff, LOUIS ZIRELLI

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Dated: April 1, 2011

/s/ Luke W. Bowman . LUKE W. BOWMAN, Attorney for Defendants Bank of America, N.A. and Mortgage Electronic Registration System /s/ Michelle Hoskinson . MICHELLE HOSKINSON, Attorney for Defendant Quality Loan Service Corporation

Dated: April 1, 2011

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DEAC_Signature-END:

ORDER IT IS HEREBY ORDERED, that the foregoing Stipulation to file a First Amended Complaint by Plaintiff be deemed effective as a Court Order. Plaintiff shall file a First Amended Complaint no later than on April 18, 2011. Defendants shall have twenty one (21) days from the date Plaintiff files the First Amended Complaint to file response to the First Amended Complaint. The hearing on Defendants' Bank of America and Mortgage Electronic Registration System Motion to Dismiss, currently scheduled for April 18, 2011 at 9:00 am in Courtroom 10 is hereby vacated. Date: 4/4/2011

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GARLAND E. BURRELL, JR. United States District Judge

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