Gooden v. Suntrust Mortgage, Inc., et al.,

Filing 127

STIPULATION and ORDER signed by Judge John A. Mendez on 8/22/14 ORDERING Pursuant to the stipulation and request of the parties, and for good cause shown, the Court hereby extends the stay in this case until September 5, 2014. By August 29, 2014, the parties are to submit a statement informing the Court that the parties have successfully completed settlement, requesting a further stay, or propose a schedule to proceed with litigation. (Becknal, R)

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6 NIALL P. McCARTHY (SBN 160175) nmccarthy@cpmlegal.com JUSTIN T. BERGER (SBN 250346) jberger@cpmlegal.com ERIC J. BUESCHER (SBN 271323) ebuescher@cpmlegal.com COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 692-3606 7 Attorneys for Plaintiffs and the Class 1 2 3 4 5 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 SHEILA GOODEN, an individual; and MICHELLE HALL, an individual, Case No. 2:11-cv-02595-JAM-DAD 14 Plaintiffs, 15 STIPULATION AND REQUEST AND ORDER IN LIGHT OF SETTLEMENT v. 16 17 18 SUNTRUST MORTGAGE, INC., a Virginia corporation, Defendant. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD 1 STIPULATION AND REQUEST 2 Plaintiffs SHEILA GOODEN and MICHELLE HALL (“Plaintiffs”), and Defendant 3 SUNTRUST MORTGAGE, INC., (“SunTrust”) have previously notified the Court that the 4 parties have reached a settlement in principle. 5 On July 28, 2014, the Court extended the stay of this case, asking that the parties, by 6 August 22, 2014, submit a statement informing the Court that the parties have successfully 7 completed settlement, requesting a further stay, or proposed a schedule to proceed with litigation. 8 See Dkt. No. 123. 9 The parties hereby notify the Court that they are still in the final stages of negotiating the 10 settlement and that the only issues remaining are several relating to a deed in lieu of foreclosure 11 for plaintiff Michelle Hall which are being addressed, which are still being worked out. The 12 parties therefore respectfully stipulate to and respectfully request that the Court enter a 14 day 13 additional stay so that these issues can be addressed. 14 15 16 IT IS SO STIPULATED. Respectfully Submitted, Dated: August 22, 2014 COTCHETT, PITRE & McCARTHY, LLP 17 By: /s/ Eric J. Buescher NIALL P. McCARTHY JUSTIN T. BERGER ERIC J. BUESCHER 18 19 20 Attorneys for Plaintiffs 21 22 Dated: August 22, 2014 23 SEVERSON & WERSON By: /s/ Philip Barilovits PHILIP BARILOVITS 24 Attorneys for Defendant 25 I, Philip Barilovits, am the ECF user whose identification and password are being used to file this 26 Stipulation and [Proposed] Order. I hereby attest that Michael A. Barcott has concurred in this 27 filing. 28 /s/ Philip Barilovits STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD 1 1 ORDER 2 Pursuant to the stipulation and request of the parties, and for good cause shown, the Court 3 hereby extends the stay in this case until September 5, 2014. By August 29, 2014, the parties are 4 to submit a statement informing the Court that the parties have successfully completed settlement, 5 requesting a further stay, or propose a schedule to proceed with litigation. 6 7 IT IS SO ORDERED. 8 9 10 11 Dated: 8/22/2014 /s/ John A. Mendez_______________________ THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD 1

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