Sherwood v. Select Portfolio Servicing, Inc. et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/25/14 ORDERING that the 5/7/14, hearing on Defendant's MOTION to DISMISS 4 is VACATED and the hearing is RESET to 6/18/2014. Opposition, if any, shall be filed no later than 6/4/14. (Mena-Sanchez, L)

1
2
3

4
5
6
7
8

9
10
11
12
13

THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
RAYMOND SHERWOOD
1821 Cold Springs Rd
Placerville, CA 95667
530-626-6106
Plaintiff: In Pro Se
Attorneys for Defendant
WELLS FARGO BANK, N.A., AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF THE
HARBORVIEW MORTGAGE LOAN TRUST
MORTGAGE LOAN PASS-THROUGH
CERTIFICATES, SERIES 2007-1, BY AND
THROUGH ITS AUTHORIZED SERVICING
AGENT SELECT PORTFOLIO SERVICING, INC.
(erroneously sued as "Select Portfolio Servicing aka
Wells Fargo Bank")

14
15
UNITED STATES DISTRICT COURT
16
EASTERN DISTRICT OF CALIFORNIA
17
Case No.2:14-cv-00478-KJM-CKD (PS)

RAYMOND SHERWOOD,
18

STIPULATED REQUEST TO
CONTINUE HEARING ON
DEFENDANT'S MOTION TO
DISMISS; ORDER

Plaintiffs,
19
v.

20
21
22

SELECT PORTFOLIO SERVICING AKA
WELLS FARGO BANK; QUALITY LOAN
SERVICE CORP.; and DOES 1 through 50
inclusive,

(El Dorado County Superior Court, Case
No. PC20130460)
Complaint Filed: September 3, 2013

23

Defendants.

24
25
26
27
28
STOEL RIVES

LLP

1\TTClRNEYS AT LAW
SACRAMENTO

STIPULATED REQUEST TO CONTINUE
HEARING; [PROPOSED] ORDER
76008317.1 0052161-01344

-1-

1
2

TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD:
Plaintiff Raymond Sherwood ("Plaintiff') and Defendant Wells Fargo Bank, N.A., as

3

Trustee, on behalf of the Holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-

4

Through Certificates, Series 2007-1, by and through its authorized servicing agent Select

5

Portfolio Servicing, Inc., ("Defendant") (Plaintiff and Defendant will be hereafter referred to as

6

the "Parties"), hereby agree to the following:

7
8
9

Whereas, on February 20, 2014, Defendant filed a Motion to Dismiss Plaintiffs
Complaint (see Docket# 4);
Whereas, the hearing on Defendant's motion is set to occur on May 7, 2014, with

10

Plaintiffs Opposition being due on April23, 2014, and Defendant's Reply Brief being due on

11

April 30, 2014;

12

Whereas, Plaintiff and Defendant are currently attempting to settle this matter and

13

respectfully request a continuance of the May 7 hearing date for at least 30 days so as to allow the

14

Parties sufficient time to finalize and formalize a settlement and to allow Plaintiff, acting in pro

15

per, additional time to prepare an Opposition to Defendant's Motion to Dismiss (should one

16

become necessary);

17

Whereas, there have been no previous time modifications in this matter to date; and

18

Plaintiff in pro per and counsel for Defendant so stipulate.

19

STOEL RIVES LLP

DATED: April23,2014

20
By: /s/ Bryan L. Hawkins
THOMAS A. WOODS
BRYAN L. HAWKINS
Attorneys for Defendant
WELLS FARGO BANK, N.A., AS
TRUSTEE, ON BEHALF OF THE
HOLDERS OF THE HARBORVIEW
MORTGAGE LOAN TRUST
MORTGAGE LOAN PASS-THROUGH
CERTIFICATES, SERIES 2007-1, BY
AND THROUGH ITS AUTHORIZED
SERVICING AGENT SELECT
PORTFOLIO SERVICING, INC.
(erroneously sued as "Select Portfolio
Servicing aka Wells Fargo Bank")

21
22
23
24
25
26
27
28
SroEL RIVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATED REQUEST TO CONTINUE
HEARING; [PROPOSED] ORDER
76008317.1 0052161-01344

-2-

1

2

Dated: April22, 2014
Is/ Raymond Sherwood (as authorized on April23,
2014) (original signature will be retained by attorney
Bryan Hawkins
RAYMOND SHERWOOD
Plaintiff, in pro per

3
4

5
6
7
8

9
10
11

ORDER
Based on the stipulation of the Parties and pursuant to Civil Local Rule 230(f) and good
cause appearing,
IT IS ORDERED that:
The May 7, 2014, hearing on Defendant's Motion To Dismiss is vacated and the hearing is
reset to June 18, 2014. Opposition, if any, shall be filed no later than June 4, 2014.
Dated: April 25, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
12
28
STOEL RIVES LLP
ATTO! NEYS AT LAW
SACRAMENTO

STIPULATED REQUEST TO CONTINUE
HEARING; [PROPOSED] ORDER

76008317.1 0052161-01344

-3-