Del Valle et al v. Bank of America, N.A. a Corporation et al

Filing 14

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/22/11 ORDERING that the parties' Stipulation is rejected and the Request for a further Extension to file responsive pleading is DENIED. Defendant shall file a responsive pleading with the Court not later than twenty (20) days after this order is filed electronically.(Mena-Sanchez, L)

Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

1 BRYAN CAVE LLP
C. Scott Greene, California Bar No. 277445
2 Alison V. Lippa, California Bar No. 160807
Michael J. Peng, California Bar No. 260852
3 2 Embarcadero Center, Suite 1410
San Francisco, CA 94111
[phone]
4 Telephone:
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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7 Attorneys for Defendant
BANK OF AMERICA, N.A.
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LAW OFFICES OF KENNETH R. GRAHAM
9 Kenneth R. Graham, California Bar No. 216733
Ekaterina Kashlinsky, California Bar No. 244799
10 1575 Treat Blvd., Suite 105
Walnut Creek, CA 94598
[phone]
11 Telephone:
Facsimile:
[phone]
[e-mail]
12 Email:
13 Attorneys for Plaintiffs
VIOLETA B. & EPIFANIO A. DEL VALLE
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15
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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VIOLETA B. & EPIFANIO A. DEL VALLE,
19 individuals,
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Plaintiffs,

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vs.

22 BANK OF AMERICA, N.A., a Corporation;
DOES 1 through 50, inclusive,
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Defendants.
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Case No. 2:11-cv-01215-MCE-KJN
JOINT STIPULATION EXTENDING
DEFENDANT’S TIME TO FILE A
RESPONSIVE PLEADING TO
PLAINTIFFS’ COMPLAINT PURSUANT
TO L.R. 143 AND 144; ORDER
THEREON
Complaint Filed:
Trial Date:
Judge:

April 1, 2011
Not Yet Assigned
Hon. Morrison C.
England, Jr.

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JOINT STIPULATION EXTENDING TIME – CASE NO. 2:11-CV-01215-MCE-KJN

JOINT STIPULATION

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Defendant Bank of America, N.A. (“Defendant”) and Plaintiffs Violeta B. and Epifanio A.

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3 Del Valle (“Plaintiffs”) by and through their counsel of record, hereby stipulate and agree as
4 follows:
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1. Plaintiffs filed their Complaint in this action on April 1, 2011;

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2. Defendants received notice of this action on April 5, 2011;

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3. Defendants removed this action to the United States District Court, Eastern District on

8 May 5, 2011;
4. Defendants’ deadline to file a responsive pleading to Plaintiffs’ Complaint has not

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Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

10 been set by Order of this Court;
5. Per Federal Rules of Civil Procedure, Defendants’ original deadline to file a

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12 responsive pleading to Plaintiffs’ Complaint was May 12, 2011;
6. The Parties previously stipulated, and the Court entered an order, to extend

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14 Defendant’s deadline to file a responsive pleading to Plaintiffs’ Complaint to September 12, 2011,
15 therefore, there has been a four-month extension of time;
7. The parties are currently exploring available settlement options, therefore, to continue

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17 these negotiations, reduce cost of litigation for both parties, and unburden the Court’s docket,
18 Defendant, by and through its undersigned counsel, requests and Plaintiffs agree, by and through
19 their undersigned counsel, on September 7, 2011, that Defendant’s deadline to file a responsive
20 pleading to Plaintiffs’ Complaint shall be extended by 45-days, to October 27, 2011;
8. The stipulated extension to file a responsive pleading will not result in prejudice to

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22 any party and its impact on judicial proceedings is not expected to be significant.
23 / / /
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SF01DOCS\38677

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JOINT STIPULATION EXTENDING TIME – CASE NO. 2:11-CV-01215-MCE-KJN

Nothing in this stipulation shall constitute a waiver of any arguments or defenses that

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2 Defendant or Plaintiffs may wish to assert in their pleadings, all of which are expressly reserved.
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Dated: September 22, 2011

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LAW OFFICES OF KENNETH R.
GRAHAM
Kenneth Graham
By: /s/ Kenneth R. Graham
Kenneth R. Graham
Attorneys for Plaintiffs
VIOLETA B. & EPIFANIO A. DEL VALLE

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Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

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Dated: September 22, 2011

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BRYAN CAVE LLP
Andrea M. Hicks
Michael J. Peng

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By:

/s/ Michael J. Peng
Michael J. Peng
Attorneys for Defendant
BANK OF AMERICA, N.A.

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The Court has previously informed the parties that no further extensions would be

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18 granted. Accordingly, the parties’ stipulation is rejected and the request for a further
19 extension to file a responsive pleading is DENIED. Defendant shall file a responsive
20 pleading with the court not later than twenty (20) days after this order is filed
21 electronically.

IT IS SO ORDERED.

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23 Dated: September 22, 2011
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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JOINT STIPULATION EXTENDING TIME – CASE NO. 2:11-CV-01215-MCE-KJN