Alvarez v. Wells Fargo Bank, N.A., et al

Filing 12

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/10/15., The hearing as to 9 Motion to Dismiss is CONTINUED to 10/22/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Manzer, C)

1 MARK D. LONERGAN (State Bar No. 143622)
[e-mail]
2 EDWARD R. BUELL, III (State Bar No. 240494)
[e-mail]
3 ELEANOR M. ROMAN (State Bar No. 178736)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
8 WELLS FARGO BANK, N.A.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA — SACRAMENTO DIVISION

11 JOHN ALVAREZ,
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Case No. 2:15-cv-00943-TLN-DAD
Hon. Troy L. Nunley
Ctrm. 2

Plaintiff,
vs.

14 WELLS FARGO BANK, N.A., a National
Banking Association, QUALITY LOAN
15 SERVICE CORPORATION, a California
corporation, VRM (VENDOR RESOURCE
16 MANAGEMENT), DULY AUTHORIZED
AGENT FOR THE SECRETARY OF
17 VETERANS AFFAIRS, a Texas corporation,
SECRETARY OF VETERANS AFFAIRS,
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Defendants.
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STIPULATION TO CONTINUANCE OF
HEARING OF DEFENDANT WELLS
FARGO BANK’S MOTION TO DISMISS
COMPLAINT OF PLAINTIFF JOHN
ALVAREZ FROM SEPTEMBER 10, 2015
TO OCTOBER 22, 2015; ORDER
[Local Rule 230(f)]
Action Filed:
Trial Date:

April 30, 2015
None Set

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Plaintiff, John Alvarez, (“Alvarez” or “Plaintiff”) and defendant, Wells Fargo Bank, N.A.,

22 (“Wells Fargo” or “Defendant”), by and through their counsel of record hereby stipulate and agree
23 to a continuance of the hearing of Wells Fargo’s Motion to Dismiss Plaintiff’s Complaint from
24 September 10, 2015 until October 22, 2015 at 2:00 p.m. based on the foregoing facts:
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1.

On July 10, 2015, Wells Fargo filed a Motion to Dismiss Plaintiff John Alvarez

26 Complaint [Dkt. No. 9], the “Motion to Dismiss”.
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2.

Wells Fargo set the hearing of its Motion to Dismiss for September 10, 2015 at

28 2:00 p.m. based upon the Court’s calendaring procedures for law and motion, and based upon the
STIPULATION TO CONTINUANCE OF HEARING AND ORDER

1 Court’s law and motion calendar.
2

3.

After filing the Motion to Dismiss, counsel for Wells Fargo learned that counsel for

3 Plaintiff is not available for a hearing on September 10, 2015.
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4.

After meeting and conferring, counsel for Wells Fargo and counsel for Plaintiff

5 have determined that they are both available for the hearing of Wells Fargo’s Motion to Dismiss
6 on October 22, 2015, which is a date that the Court’s presently has available on its calendar for
7 law and motion hearings.
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5.

The hearing of Wells Fargo’s Motion to Dismiss has not previously been

9 continued.
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IT IS SO STIPULATED.

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13 DATED: August 10, 2015

LAW OFFICE OF RICHARD G. HYPPA

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By:

/s/ Richard G. Hyppa
Richard G. Hyppa
(as authorized on August 10, 2015)

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Attorneys for Plaintiff John Alvarez.

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20 DATED: August 10, 2015

SEVERSON & WERSON
A Professional Corporation

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By:

/s/ Eleanor M. Roman
Eleanor M. Roman

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Attorneys for Defendant WELLS FARGO BANK, N.A.
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STIPULATION TO CONTINUANCE OF HEARING AND ORDER

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Based upon the foregoing stipulation of the parties and GOOD CAUSE APPEARING,

2 the hearing of Wells Fargo’s Motion to Dismiss is continued from September 10, 2015 until
3 October 22, 2015 at 2:00 p.m.
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IT IS SO ORDERED.

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Dated: August 10, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION TO CONTINUANCE OF HEARING AND ORDER