Robinson v. Ocwen Loan Servicing, LLC

Filing 9

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 10/28/14 ORDERING that Plaintiff is GRANTED leave to file the First Amended Complaint which is attached hereto as Exhibit 1. Said First Amended Complaint shall be filed not later than 10 days following the date this Order is electronically filed. In light of the impending filing of the First Amended Complaint, Defendant's 5 Motion to Dismiss is DENIED as moot. (Kastilahn, A)

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1 2 3 4 5 6 DAVID L. SMART, ESQ. (SBN 262533) NICOLE CHERONES, ESQ. (SBN 206102) SMART LAW OFFICES 8880 Cal Center Drive, Suite 400 Sacramento, CA 95826 Tel.: (916) 361-6020 Fax: (916) 361-6021 Attorneys for Plaintiff TENA ROBINSON 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION 10 11 TENA ROBINSON, 12 Plaintiff, 13 vs. 14 15 OCWEN LOAN SERVICING, LLC; and DOES 1 through 100, inclusive, 16 Defendants. 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:14-cv-01669-MCE-EFB STIPULATION AND ORDER GRANTING LEAVE TO FILE A FIRST AMENDED COMPLAINT 20 21 STIPULATION 22 23 24 25 26 27 Plaintiff, TENA ROBINSON ("Plaintiff") and Defendant, OCWEN LOAN SERVICING, LLC ("Defendant"), submit the following Joint Stipulation and request that the Court grant leave to file a First Amended Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure: 1. Plaintiff filed her Complaint on June 11, 2013 in Sacramento County Superior Court; 28 _________________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER -1- 1 2 3 4 5 6 7 2. On July 15, 2014, Defendant removed Plaintiff's Complaint to the Eastern District of California; 3. On July 22, 2014, Defendant filed and served a Motion to Dismiss Plaintiff's Complaint; 4. The parties have met and conferred regarding the allegations contained in Plaintiff's proposed First Amended Complaint. NOW, THEREFORE, the parties hereby stipulate and request that the Court grant 8 Plaintiff leave to file a First Amended Complaint in this action, a true and correct copy of which 9 is attached hereto as Exhibit 1. 10 11 IT IS SO STIPULATED. DATED: October 15, 2014 SMART LAW OFFICES 12 ___/s/ David L. Smart_____________ David L. Smart Attorneys for Plaintiff TENA ROBINSON 13 14 15 16 DATED: October 15, 2014 SEVERSON AND WERSON 17 18 19 20 ___/s/ Evelina Manukyan_____________ Evelina Manukyan Attorneys for Defendant OCWEN LOAN SERVICING, LLC 21 22 23 24 25 26 27 28 _________________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER -2- ORDER 1 2 Given the foregoing stipulation of counsel, and good cause appearing therefore, Plaintiff 3 is granted leave to file the First Amended Complaint which is attached hereto as Exhibit 1. Said 4 First Amended Complaint shall be filed not later than ten (10) days following the date this 5 Order is electronically filed. In light of the impending filing of the First Amended Complaint, 6 7 8 9 Defendant’s Motion to Dismiss (ECF No. 5) is DENIED as moot. IT IS SO ORDERED. Dated: October 28, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER -3-

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