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)

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September J. Katje, Esq. (SBN 227896)
CONSUMER LITIGATION LAW CENTER, APC
100 North Barranca, Suite 700
West Covina, CA 91791
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiffs, KARIM AKIL
and AMY SCHLOEMANN.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMY )
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Plaintiffs,
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v.
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CARRINGTON MORTGAGE SERVICES, )
LLC, a Delaware Corporation; DEUTSCHE )
BANK NATIONAL TRUST COMPANY, )
successor in interest to NEW CENTURY )
MORTGAGE COMPANY; ATLANTIC & )
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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
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Defendants.
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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)

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[PROPOSED] Order 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
CARRINGTON

MORTGAGE

SERVICES,

LLC.

(“CARRINGTON”),

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DEUTSCHE BANK NATIONAL TRUST COMPANY, (“DEUTSCHE”), and

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ATLANTIC & PACIFIC FORECLOSURE SERVICES, LLC (“ATLANTIC”)

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(collectively

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SCHLOEMANN (“Plaintiffs”), by and through their respective c ou ns el of

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“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.
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[PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint

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WHEREAS, upon filing Plaintiff’s First Amended Complaint in

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accordance with this Stipulation, the hearing on Defendants’ Motion to

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Dismiss previously set for June 18, 2012 will be vacated;

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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.

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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.

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IT IS SO ORDERED

Date: 6/15/2012

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_________________________

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GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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61khh4bb

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[PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint