Pedersen et al v. Greenpoint Mortgage Funding, Inc. et al

Filing 48

STIPULATION and ORDER extending time to respond to complaint signed by District Judge Kimberly J. Mueller on 7/6/11: (Kaminski, H)

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SUNNY S. HUO (State Bar No. 181071)
MEGAN C. KELLY (State Bar No. 251293)
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
GREENPOINT MORTGAGE
FUNDING, INC. AND MARIN
CONVEYANCING CORP.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTIAN PEDERSEN AND SONIKA
12 TINKER ,

Case No.: 2:11-CV-00642-KJM-EFB

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STIPULATION AND ORDER RE
EXTENDING TIME FOR
DEFENDANTS GREENPOINT
MORTGAGE FUNDING, INC AND
MARIN CONVEYANCING CORP. TO
RESPOND TO COMPLAINT

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Plaintiffs,
vs.

15 GREENPOINT MORTGAGE FUNDING,
INC., MARIN CONVEYANCING CORP.,
16 MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
17 QUALITY LOAN SERVICE CORP.,
AURORA LOAN SERVICES, LSI TITLE
18 COMPANY, GREENPOINT MORTGAGE
FUNDING TRUST MORTGAGE PASS19 THROUGH CERTIFICATES, SERIES 2007AR1,
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Defendants.
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15314/0241/933568.1

STIPULATION AND ORDER
Case No.: 2:11-CV-00642-KJM-EFB

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Subject to the approval of the Court, plaintiffs Christian Pedersen and Sonika Tinker

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(“Plaintiffs”) and defendants Greenpoint Mortgage Funding, Inc. (“Greenpoint”) and Marin

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Conveyancing Corp. (“MCC”), each by and through their undersigned counsel, hereby stipulate

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and agree as follows:

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1.

Counsel for Defendants Greenpoint and MCC executed and Plaintiffs filed a

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Waiver of Service on May 20, 2011 indicating that Greenpoint and MCC would respond to the

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Complaint on June 24, 2011.

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2.

On June 8, 2011, a hearing took place before the above-referenced court regarding

Co-defendants Aurora Loan Services (“ALS”) and Mortgage Electronic Registration Services,

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Inc’s (“MERS”) Motion to Dismiss the Complaint and Plaintiffs’ Motion for Preliminary

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Injunction. The matter was taken under submission and the Court indicated that it would issue a

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written order following the hearing.

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3.

In light of the pending Motion to Dismiss the Complaint and in order to conserve

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judicial resources, the Plaintiffs, Greenpoint and MCC agree and stipulate to postpone the due

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date for Greenpoint and MCC to respond to the Complaint until the Court issues an order

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regarding the June 8, 2011 hearing on the Motion to Dismiss and Motion for Preliminary

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Injunction, as follows:

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a.

If the order on the June 8, 2011 hearing does not grant Plaintiffs leave to

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amend the pleadings, Greenpoint and MCC will respond to the Complaint within 15-days

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of the issuance of the Order.

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b.

If the order on the June 8, 2011 hearing grants Plaintiffs leave to amend the

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pleadings, then Greenpoint and MCC will await service of the amended pleading and

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respond to the amended pleading pursuant to the Federal Rules of Civil Procedure.

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-215314/0241/933568.1

STIPULATION AND ORDER
Case No.: 2:11-CV-00642-KJM-EFB

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This stipulation is without prejudice to the rights, claims, defenses and arguments of all
parties.

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DATED: June __, 2011

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LAW OFFICES OF HOLLY S. BURGESS
By: /s/ Holly S. Burgess
Holly S. Burgess
Attorney for PLAINTIFFS

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DATED: June __, 2011

SEVERSON & WERSON
A Professional Corporation

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By: /s/ Megan C. Kelly
_______
Megan C. Kelly
Attorneys for Defendants
GREENPOINT MORTGAGE FUNDING, INC.
AND MARIN CONVEYANCING CORP.

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IT IS SO ORDERED:

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Dated: July 6, 2011.

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UNITED STATES DISTRICT JUDGE

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-315314/0241/933568.1

STIPULATION AND ORDER
Case No.: 2:11-CV-00642-KJM-EFB