Rivkin v. JPMorgan Chase Bank, N.A., et al.

Filing 58

STIPULATION and ORDER 57 signed by District Judge Troy L. Nunley on 1/3/2017 ORDERING the Hearing on Defendant's Motion to Dismiss (ECF No. 54 ) CONTINUED to 2/9/2017 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (TEXT ONLY ENTRY) (Krueger, M)

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PAMELA M. SCHUUR (SBN 130073)
[e-mail]
ELENA RIVKIN (SBN 247387)
[e-mail]
RIVKIN FIRM
951 Mariners Island Blvd. Suite 260
San Mateo, California 94404
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff VLADIMIR RIVKIN
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UNITED STATES DISTRICT COURT
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RIVKIN FIRM

951 Mariners Island Blvd. Suite 260
San Mateo, California 94404
Telephone [phone] | Facsimile [phone]

EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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VLADIMIR RIVKIN,

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Case No. 2:14-CV-02662-TLN-EFB

Plaintiff,
STIPULATION TO RESCHEDULE
HEARING OF DEFENDANT JPMORGAN
CHASE BANK, N.A.’S MOTION TO
DISMISS PLAINTIFF’S SECOND
AMENDED COMPLAINT AND RELATED
DEADLINES, AND ORDER

v.
J.P. MORGAN CHASE, N.A., a New York
association; FAY SERVICING, LLC, a
Delaware limited liability company;
ALBERTELLI LAW PARTNERS
CALIFORNIA, PA, a California corporation,
and DOES 1 through 10,

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Defendants.

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Plaintiff Vladimir Rivkin (“Plaintiff”) and Defendant JPMorgan Chase Bank, N.A. (“JPMC”

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and with Plaintiff, the “Parties”), hereby enter into this Stipulation to Reschedule the Hearing of

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Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint and to adjust the related

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pleading deadlines, with reference to the following facts:

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RECITALS

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A.

On or about October 16 2014, Plaintiff commenced an action in the Superior Court

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for the County of Nevada entitled Rivkin v. JPMorgan Chase Bank, N.A., et al., Case Number

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TCU14-5931 (the “State Court Action”).
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STIPULATION TO CONTINUE HEARING OF JPMC’S MOTION TO DISMISS

2:14-CV-02662-TLN-EFB

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RIVKIN FIRM

951 Mariners Island Blvd. Suite 260
San Mateo, California 94404
Telephone [phone] | Facsimile [phone]

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B.

On or around October 23, 2014, Plaintiff served the Summons and First Amended

Complaint on JPMC.
C.

On November 14, 2014, JPMC timely removed the State Court Action to this Court.

D.

On November 25, 2014, the Parties entered into a stipulation to extend the time for

JPMC to respond to the First Amended Complaint to allow the Plaintiff and co-defendant Fay
Servicing LLC to engage in discussions regarding the then pending Trustee’s Sale and in view of the
possibility of Plaintiff filing a second amended complaint.
E.

On January 8, 2015, Plaintiff filed a request for leave to file a second amended

complaint. (Docket No. 21.)
F.

On January 21, 2015, the Parties entered into a further stipulation to extend the time

for JPMC to respond to the First Amended Complaint in view of Plaintiff’s pending request for
leave to file a second amended complaint. (Docket No. 25.) The Court entered an order approving
the Parties’ stipulation on January 22, 2015. (Docket No. 26.)
G.

The Parties then entered into four further stipulations to extend the time for JPMC to

respond to the First Amended Complaint in view of Plaintiff’s pending request for leave to file a
second amended complaint and their ongoing settlement discussions. (Docket Nos. 27, 31, 36 & 38.)
The Court entered orders approving the Parties’ stipulations. (Docket Nos. 28, 32, 37, & 39.)
H.

On September 3, 2015, JPMC filed a motion to dismiss the First Amended Complaint

(the “Motion”). (Docket. No. 40).
I.

The Court took the Motion under submission on October 6, 2015. (Docket No. 45).

J.

In late August of 2016, the primary attorney handling this matter for JPMC, Joseph

Quattrocchi, passed away.
K.

On October 18, 2016, the Court granted the Motion but permitted Plaintiff to file an

amended complaint.
L.

On October 31, 2016, Plaintiff filed a Second Amended Complaint.

M.

To provide new counsel for JPMC sufficient time to review the matter and prepare a

response to the Second Amended Complaint, the Parties agreed to extend JPMC’s deadline for

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STIPULATION TO CONTINUE HEARING OF JPMC’S MOTION TO DISMISS

2:14-CV-02662-TLN-EFB

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RIVKIN FIRM

951 Mariners Island Blvd. Suite 260
San Mateo, California 94404
Telephone [phone] | Facsimile [phone]

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responding to the Second Amended Complaint up to and including December 9, 2016.
N. JPMC responded to the Second Amended Complaint on December 7, 2016, by filing a
Motion to Dismiss, and set a hearing date of January 12, 2017. This hearing date required Plaintiff to
file opposition on December 29, 2016.
O. To allow Plaintiff adequate time to prepare a response to JPMC’s Motion to Dismiss, the
Parties have agreed to continue the hearing to February 9, 2017, and to extend Plaintiff’s deadline
for filing an Opposition to January 26, 2017.
IT IS THEREFORE STIPULATED that the hearing of JPMC’s Motion to Dismiss is
continued to February 9, 2017, at 2:00 p.m., and Plaintiff shall have up to and including January 26,
2017 to file his opposition thereto.
RIVKIN FIRM

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By:

/s/ Pamela M. Schuur
Pamela M. Schuur
Attorneys for Plaintiff
VLADIMIR RIVKIN

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STIPULATION TO CONTINUE HEARING OF JPMC’S MOTION TO DISMISS

2:14-CV-02662-TLN-EFB

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MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Joseph Duffy
as authorized on December 30, 2016)
Joseph Duffy
Joseph Bias

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Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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RIVKIN FIRM

951 Mariners Island Blvd. Suite 260
San Mateo, California 94404
Telephone [phone] | Facsimile [phone]

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ORDER

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IT IS SO ORDERED.

Dated: January 3, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION TO CONTINUE HEARING OF JPMC’S MOTION TO DISMISS

2:14-CV-02662-TLN-EFB