Brink v. Alternative Loan Trust 2006-39CB, et al.

Filing 15

STIPULATION and ORDER 14 for extension of time signed by Magistrate Judge Dale A. Drozd on 10/10/2013. Defendants shall respond to plaintiff's 1 Complaint by 11/6/2013. (Marciel, M)

1 BRYAN CAVE LLP
Andrea M. Hicks, California Bar No. 219836
2 Margaret K. Thies, California Bar No. 283408
Sharon L. Stewart, California Bar No. 235706
3 560 Mission Street, Floor 25
San Francisco, CA 94105
[phone]
4 Telephone:
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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Bryan Cave LLP
th
560 Mission Street, 25 Floor
San Francisco, CA 94105

7 Attorneys for Defendants
CWALT, Inc., Alternative Loan Trust 2006-39CB (erroneously sued as “Alternative Loan Trust
8 2006-39CB”) and The Bank of New York Mellon, as successor to The Bank of New York, as
Trustee for the CWALT, Inc. Alternative Loan Trust 2006-39CB, Mortgage Pass-Through
9 Certificates, Series 2006-39CB (erroneously sued as “Bank of New York Mellon, fka/ Bank of
New York as Trustee for the Alternative Loan Trust 2006-39CB”)
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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

13 DAVID L. BRINK,
Plaintiff,

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No. 2:13-cv-00862 LKK DAD PS
JOINT STIPULATION TO CONTINUE
DEFENDANTS CWALT, INC.,
ALTERNATIVE LOAN TRUST 200639CB AND THE BANK OF NEW YORK
MELLON, AS SUCCESSOR TO THE
BANK OF NEW YORK, AS TRUSTEE
FOR THE CWALT, INC.
ALTERNATIVE LOAN TRUST 200639CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-39CB’S
TIME TO RESPOND TO COMPLAINT
AND ORDER

vs.

16 ALTERNATIVE LOAN TRUST 200639CB; BANK OF NEW YORK MELLON,
17 fka/ BANK OF NEW YORK AS TRUSTEE
FOR THE ALTERNATIVE LOAN TRUST
18 2006-39CB, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES
19 2006-39CB and DOES 1-10,
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Defendants.

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STIPULATION

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Defendants CWALT, Inc., Alternative Loan Trust 2006-39CB and The Bank of New York

3 Mellon, as successor to The Bank of New York, as Trustee for the CWALT, Inc. Alternative Loan
4 Trust 2006-39CB, Mortgage Pass-Through Certificates, Series 2006-39CB (collectively,
5 “Defendants”), by and through their counsel of record and Plaintiff David L. Brink (“Plaintiff”),
6 hereby stipulate and agree as follows:
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1. Plaintiff filed his Complaint in this action on May 2, 2013.

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2. On or around August 10, 2013, Plaintiff mailed process to Defendants’ counsel,

9 including a Waiver of Service of Summons, which defense counsel executed and returned to

Bryan Cave LLP
th
560 Mission Street, 25 Floor
San Francisco, CA 94105

10 Plaintiff on August 13, 2013.
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3. Defendants’ deadline to respond to the Complaint is October 9, 2013.

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4. There has been one previous time modification entered in this case when the Court

13 granted Defendants’ request to continue the Initial Status Conference, from September 6, 2013 to
14 November 8, 2013, along with the parties’ respective deadlines for filing status reports.
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5. In order to allow additional time for defense counsel to investigate the facts of this

16 case, allow the parties to engage in good faith settlement negotiations, including a possible loan
17 modification review, allow Plaintiff time to seek leave of Court to file an amended Complaint,
18 reduce the costs of litigation for all parties, and unburden the Court’s docket, Plaintiff and
19 Defendants agree and stipulate that Defendants’ deadline to file a responsive pleading to
20 Plaintiff’s Complaint shall be extended twenty-eight (28) days until and including November 6,
21 2013.
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6.

This stipulated extension will not result in prejudice to any party and its impact on

23 judicial proceedings is not expected to be significant.
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7.

This change will not alter the date of any event or any deadline already fixed by

2 Court order.
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IT IS SO STIPULATED.

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Dated: October 10, 2013

Respectfully submitted,

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By:

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/s/ David L. Brink__________
David L. Brink
Pro Per Plaintiff

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Bryan Cave LLP
th
560 Mission Street, 25 Floor
San Francisco, CA 94105

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Dated: October 10, 2013

Respectfully submitted,
BRYAN CAVE LLP

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By:

/s/ Sharon L. Stewart
Sharon L. Stewart
Attorneys for Defendants

CWALT, INC., ALTERNATIVE LOAN
TRUST 2006-39CB and THE BANK OF
NEW YORK MELLON, AS SUCCESSOR
TO THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CWALT, INC.
ALTERNATIVE LOAN TRUST 200639CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-39CB

ORDER

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2

Having reviewed the stipulation of Plaintiff David L. Brink and Defendants CWALT, Inc.,

3 Alternative Loan Trust 2006-39CB and The Bank of New York Mellon, as successor to The Bank
4 of New York, as Trustee for the CWALT, Inc. Alternative Loan Trust 2006-39CB, Mortgage
5 Pass-Through Certificates, Series 2006-39CB and good cause appearing, the deadline for
6 Defendants to respond to Plaintiff’s Complaint is extended to November 6, 2013.
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IT IS SO ORDERED.

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Dated: October 10, 2013

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Bryan Cave LLP
th
560 Mission Street, 25 Floor
San Francisco, CA 941105

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Dad1\orders.pro se\brink0862.eot.doc

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