Long v. Bank of America, N.A., et al

Filing 10

STIPULATION and ORDER 9 signed by Judge Garland E. Burrell, Jr., on 4/10/12 ORDERING that plaintiff is GRANTED an extension of time of 24 hours from the date of this Order to file her First Amended Complaint. The Defendants' responsive pleadi ng will be due 14 days after Plaintiff files her First Amended Complaint. The Plaintiff's First Amended Complaint will vacate the hearing set on Defendants' Motion to Dismiss previously set for 4/16/2012 at 9:00 AM, and will cause no prejudice to Defendants.(Kastilahn, A)

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September J. Katje, Esq. (SBN 227896)
CONSUMER LITIGATION LAW CENTER, APC
100 N. Barranca, Suite 700
West Covina, CA 91791
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff,
Alleyne H. Long.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO

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)
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Plaintiff,
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v.
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BANK OF AMERICA, N.A., a
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National
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Association, successor in interest to
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COUNTRYWIDE BANK, a California )
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Corporation; RECONTRUST
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COMPANY, N.A., a wholly-owned
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subsidiary of BANK OF AMERICA, )
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N.A.; and all persons or entities
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unknown claiming any legal or
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equitable right, title, estate, lien or
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interest in the property described in this )
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complaint adverse to Plaintiff’s title
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thereto, and DOES 1 through 25,
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inclusive,
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Defendants.
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ALLEYNE H. LONG, an individual,

Case No.: 2:12-cv-00542-GEB-CKD
STIPULATION TO EXTEND TIME
TO FILE PLAINTIFF’S FIRST
AMENDED COMPLAINT OF
RIGHT IN RESPONSE TO
DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S
COMPLAINT
Fed. Rule Civ. Proc. Sec. 15(a)(2)

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Stipulation For Extension of Time to File First Amended Complaint

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Pursuant to Federal Rule of Civil Procedure Sec.15(a)(2), Defendants

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BANK OF AMERICA, N.A. (“BANA”)1 and ReconTrust Company, N.A.

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(“ReconTrust”) (collectively “Defendants”) and Plaintiff ALLEYNE H. LONG

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(“Plaintiff”), by and through their respective counsel of record, hereby stipulate

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as follows:

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WHEREAS, Plaintiff served her Complaint for damages ("Complaint") on

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January 26, 2012;

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WHEREAS, Defendants filed their Notice of Removal to this Court on

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February 29, 2012;

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WHEREAS, Defendants filed their Motion to Dismiss Plaintiff’s Complaint

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on March 7, 2012;

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WHEREAS, Plaintiff filed her First Amended Complaint in response to

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Defendants’ Motion to Dismiss on April 2, 2012, which was untimely under
Federal Rule of Civil Procedure Sec.15(a)(1)(B);

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WHEREAS, on August 3, 2012, Judge Garland Burrell issued an Order

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Plaintiff lists “Bank of America, N.A., a National Association, successor in interest to
Countrywide Bank, a California Corporation” as a Defendant; however, Bank of America, N.A.
is not a successor in interest to “Countrywide Bank” and “Countrywide Bank” is not a juridical
entity. However, as the original lender on the loans at issue was Countrywide Bank, N.A.,
Defendants assume Plaintiff intended to name Countrywide Bank, N.A. Effective March 12,
2007, Countrywide Bank, N.A. converted to a federal savings bank under the title of
Countrywide Bank, FSB. Effective April 27, 2009, Countrywide Bank, FSB converted to a
national bank under the title of Countrywide Bank, N.A. and immediately thereafter, merged
with and into Bank of America, N.A. Accordingly, Bank of America, N.A. responds as
successor by merger to Countrywide Bank, N.A.
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Stipulation For Extension of Time to File First Amended Complaint

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striking Plaintiff’s First Amended Complaint because it did not comply with

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Federal Rule of Civil Procedure Sec. 15(a)(1)(B);
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WHEREAS, a hearing is currently scheduled for April 16, 2012 at 9:00 AM
on Defendants’ Motion to Dismiss.

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WHEREAS, Plaintiff has requested and Defendants have consented to
extend the time for filing Plaintiff's First Amended Complaint as permitted

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by Federal Rule of Civil Procedure Sec.15(a)(2);
WHEREAS, Plaintiff will file her First Amended Complaint within 24 hours
of the approval of this Stipulation by order of this court or waive her right to

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amend;
WHEREAS, upon filing Plaintiff’s First Amended Complaint in

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accordance with this Stipulation, the hearing on Defendants’ Motion to
Dismiss previously set for April 16, 2012 will be vacated;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the
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parties, through their respective counsel, that Plaintiff shall file her First

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Amended Complaint in response to D e f e n d a n t s ’ Motion to Dismiss within 24

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hours of approval of this Stipulation by order of this court.

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Stipulation For Extension of Time to File First Amended Complaint

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Dated: April 9, 2012

CONSUMER LITIGATION LAW CENTER, APC

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By:/s/ SEPTEMBER J. KATJE
SEPTEMBER J. KATJE, ESQ.
Attorney for Plaintiff,
Alleyne H. Long

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.

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Dated: April 9, 2012

MCGUIREWOODS LLP

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By: /s/ PATRICIA L. VICTORY
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PATRICIA L. VICTORY
Attorneys for Defendant,
Bank of America, N.A., and ReconTrust
Company, N.A.

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Stipulation For Extension of Time to File First Amended Complaint

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED as follows:
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1. The Plaintiff is hereby granted an extension of 24 hours from the date

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of this Order to file her First Amended Complaint in accordance with

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the stipulation herein. If Plaintiff does not file her First Amended

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Complaint within 24 hours, she will waive her right to amend her

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Complaint by right.

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2. The Defendants’ responsive pleading will be due fourteen (14) days

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after Plaintiff files her First Amended Complaint in accordance with

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the Federal Rules of Civil Procedure.

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3. The Plaintiff’s First Amended Complaint will vacate the hearing set on

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Defendants’ Motion to Dismiss previously set for April 16, 2012 at

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9:00 AM, and will cause no prejudice to Defendants.

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IT IS SO ORDERED.
Date: 4/10/2012

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_________________________

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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation For Extension of Time to File First Amended Complaint