Gooden v. Suntrust Mortgage, Inc., et al.,
Filing
133
STIPULATION and ORDER signed by Judge John A. Mendez on 9/24/14 ORDERING that the Court EXTENDS the stay in this case until 10/30/2014. By 10/23/2014, 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. (Kastilahn, A)
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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
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Attorneys for Plaintiffs and the Class
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHEILA GOODEN, an individual; and
MICHELLE HALL, an individual,
Case No. 2:11-cv-02595-JAM-DAD
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Plaintiffs,
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STIPULATION AND REQUEST AND
ORDER IN LIGHT OF SETTLEMENT
v.
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SUNTRUST MORTGAGE, INC.,
a Virginia corporation,
Defendant.
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STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD
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STIPULATION AND REQUEST
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Plaintiffs SHEILA GOODEN and MICHELLE HALL (“Plaintiffs”), and Defendant
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SUNTRUST MORTGAGE, INC., (“SunTrust”) have previously notified the Court that the
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parties have reached a settlement in principle.
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On September 15, 2014, the Court extended the stay of this case, asking that the parties,
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by September 23, 2014, submit a statement informing the Court that the parties have successfully
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completed settlement, requesting a further stay, or proposed a schedule to proceed with litigation.
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See Dkt. No. 131.
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The parties hereby notify the Court that they are continuing to negotiate to finalize the
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settlement of this action. The parties are currently in the process of investigating unexpected tax
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consequences of the tentatively reached agreement to resolve the dispute and continue to make
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progress toward a finalized settlement to wholly resolve the litigation.
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While the parties were hopeful that the settlement would be finalized by September 30,
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2014, they are requesting a thirty-day stay of the litigation, up to and including October 30, 2014
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to finalize and resolve the litigation. The parties are hopeful that no further requests for
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extensions of the stay will be necessary.
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The parties therefore respectfully stipulate to and respectfully request that the Court enter
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an additional stay until October 30, 2014.
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IT IS SO STIPULATED.
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Respectfully Submitted,
Dated: September 23, 2014
COTCHETT, PITRE & McCARTHY, LLP
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By: /s/ Eric J. Buescher
JUSTIN T. BERGER
ERIC J. BUESCHER
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Attorneys for Plaintiffs
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Dated: September 23, 2014
SEVERSON & WERSON
By: /s/ Philip Barilovits
PHILIP BARILOVITS
Attorneys for Defendant
STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD
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ORDER
Pursuant to the stipulation and request of the parties, and for good cause shown, the Court
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hereby extends the stay in this case until October 30, 2014. By October 23, 2014, the parties are
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to submit a statement informing the Court that the parties have successfully completed settlement,
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requesting a further stay, or propose a schedule to proceed with litigation.
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IT IS SO ORDERED.
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Dated: 9/24/2014
/s/ John A. Mendez__________________
THE HONORABLE JOHN A. MENDEZ
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STIPULATION AND REQUEST; [PROPOSED] ORDER; Case No. 2:11-cv02595-JAM-DAD
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