Akil, al v. Carrington Mortgage Services, et al

Filing 16

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 6/15/12 GRANTING extension of time for Plaintiff to file the First Amended Complaint in response to Defendants' Motion to Dismiss Plaintiffs complaint. (Meuleman, A)

Download PDF
1 2 3 4 5 6 September J. Katje, Esq. (SBN 227896) CONSUMER LITIGATION LAW CENTER, APC 100 North Barranca, Suite 700 West Covina, CA 91791 Telephone: (800) 787-5616 Fax: (888) 909-7947 sk@consumerlitigationlawcenter.com Attorney for Plaintiffs, KARIM AKIL and AMY SCHLOEMANN. 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMY ) ) ) ) ) Plaintiffs, ) ) ) v. ) ) CARRINGTON MORTGAGE SERVICES, ) LLC, a Delaware Corporation; DEUTSCHE ) BANK NATIONAL TRUST COMPANY, ) successor in interest to NEW CENTURY ) MORTGAGE COMPANY; ATLANTIC & ) ) PACIFIC FORECLOSURE SERVICES, ) LLC, a Delaware Corporation; and all persons ) or entities unknown claiming any legal or ) equitable right, title, estate, lien or interest in ) the property described in this Complaint ) ) adverse to Plaintiffs’ title thereto, and DOES ) 1 through 25,inclusive ) ) Defendants. ) ) ) ) ) ) ) ) ) Case No.: 2:12-cv-01225-GEB-KJN KARIM AKIL, an individual; SCHLOEMANN, an Individual, [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE PLAINTIFFS’ FIRST AMENDED COMPLAINT OF RIGHT IN RESPONSE TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT Fed. Rule Civ. Proc. Sec. 15(a)(2) 27 28 1 [PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint 1 2 Pursuant to Federal Rule of Civil Procedure Sec.15(a)(2), Defendants CARRINGTON MORTGAGE SERVICES, LLC. (“CARRINGTON”), 3 DEUTSCHE BANK NATIONAL TRUST COMPANY, (“DEUTSCHE”), and 4 ATLANTIC & PACIFIC FORECLOSURE SERVICES, LLC (“ATLANTIC”) 5 (collectively 6 SCHLOEMANN (“Plaintiffs”), by and through their respective c ou ns el of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “Defendants”) and Plaintiffs KARIM AKIL and AMY record, hereby stipulate as follows: WHEREAS, Plaintiffs served t heir Complaint for damages ("Complaint") on April 17, 2012; WHEREAS, Defendants filed their Notice of Removal to this Court on April 30, 2012; WHEREAS, Defendants filed their Motion to Dismiss Plaintiff’s Complaint on May 8, 2012; WHEREAS, Plaintiffs filed their First Amended Complaint in response to Defendants’ Motion to Dismiss on May 30, 2012, which was untimely under Federal Rule of Civil Procedure Sec.15(a)(1)(B); WHEREAS, on May 31, 2012, Judge Garland E. Burrell issued an Order striking Plaintiff’s First Amended Complaint because it did not comply with Federal Rule of Civil Procedure Sec. 15(a)(1)(B); WHEREAS, a hearing is currently scheduled for June 18, 2012 at 9:00 AM on Defendants’ Motion to Dismiss. WHEREAS, Plaintiffs have requested and Defendants have consented to extend the time for filing Plaintiff's First Amended Complaint as permitted by Federal Rule of Civil Procedure Sec.15(a)(2); WHEREAS, Plaintiffs will file their First Amended Complaint within 24 hours of the approval of this Stipulation by order of this court or waive her right to amend, a copy of Plaintiffs’ First Amended Complaint. 2 [PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint 1 WHEREAS, upon filing Plaintiff’s First Amended Complaint in 2 accordance with this Stipulation, the hearing on Defendants’ Motion to 3 Dismiss previously set for June 18, 2012 will be vacated; 4 5 6 7 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that Plaintiffs shall file their First Amended Complaint in response to D e f e n d a n t s ’ Motion to Dismiss within 24 hours of approval of this Stipulation by order of this court. 8 9 10 IT IS HEARBY ORDERED that this Stipulation to extend time to file Plaintiff’s First Amended Complaint of right in response to Defendants’ Motion to Dismiss Plaintiffs Complaint is granted. 11 12 IT IS SO ORDERED Date: 6/15/2012 13 14 _________________________ 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 DEAC_Signature-END: 18 19 20 21 22 23 61khh4bb 24 25 26 27 28 3 [PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?