Hansen v. Western Progressive LLC et al

Filing 7

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 8/19/15. This matter is STAYED until 11/13/15. Defendants' deadline to respond to the Complaint is extended to 11/20/15. (Manzer, C)

1 C. Scott Greene, California Bar No. 277445
Tracy M. Talbot, California Bar No. 259786
2 Monique Jewett-Brewster, California Bar No. 217792
3 BRYAN CAVE LLP th
560 Mission Street, 25 Floor
4 San Francisco, CA 94105
Telephone:
[phone]
5 Facsimile:
[phone]
Email:
[e-mail]
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[e-mail]
[e-mail]
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8 Attorneys for Defendants
WESTERN PROGRESSIVE, LLC and OCWEN LOAN SERVICING, LLC
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BRYAN CAVE LLP
TH
560 MISSION STREET, 25
FLOOR
SAN FRANC ISCO, CA 94105 -2994

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DAN HANSEN,

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Case No. 2:15-CV-01426-MCE-CKD

Plaintiff,

JOINT STIPULATION AND ORDER TO
STAY PROCEEDINGS PENDING
SETTLEMENT DISCUSSIONS

vs.

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WESTERN PROGRESSIVE, LLC, and
18 OCWEN LOAN SERVICING, LLC.

Complaint Filed: July 6, 2015

Defendant(s).

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SF01DOCS\254194.1

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JOINT STIPULATION TO STAY PROCEEDINGS

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This Stipulation is entered into by Plaintiff Dan Hansen (“Plaintiff”) and Defendants

2 Western Progressive, LLC and Ocwen Loan Servicing, LLC (“Defendants,” collectively with
3 Plaintiff, the “Parties”).
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WHEREAS, Plaintiff filed his Verified Complaint (“Complaint”) on July 6, 2015.

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WHEREAS, the Parties seek to stay all proceedings in this matter for three (3) months to

6 November 13, 2015, including all discovery, dispositive motion, and pretrial deadlines, including
7 Defendants’ deadline to respond to the Complaint, to avoid the unnecessary expenditure of party
8 or Court resources.
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WHEREAS, Defendants agree to cancel any foreclosure proceedings on the lien associated

BRYAN CAVE LLP
TH
560 MISSION STREET, 25
FLOOR
SAN FRANC ISCO, CA 94105 -2994

10 on the loan for the subject property located at 913 Baker Way, Rocklin, California 95765 pending
11 review and determination by the current servicer of the modification options available for the
12 subject loan.
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WHEREAS, Plaintiff agrees to provide the loan modification application and any

14 supporting documents or information requested by Defendants’ counsel in a timely manner and
15 understands the failure to do so may result in denial of further processing Plaintiff’s loan
16 modification application.
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WHEREAS, Plaintiff understands that by reviewing Plaintiff’s loan for modification

18 options during this stay of proceedings, Defendants have made no guarantee that Plaintiff will be
19 granted or approved for a loan modification and that Defendants are under no obligation to grant
20 or approve Plaintiff’s loan for a modification.
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WHEREAS, the Parties agree that it would be beneficial to pursue informal resolution of

22 this matter via exploration of loan modification options and continued settlement negotiations.
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WHEREAS, the Parties agree that the stay requested herein is not requested for the

24 purposes of delay and will not result in any prejudice to the Parties or to the Court.
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WHEREAS, the Parties wish to stay all proceedings in this matter pending review and

26 determination by the current servicer of Plaintiff’s loan modification options, which is
27 economically and judicially efficient.
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SF01DOCS\254194.1

1
JOINT STIPULATION TO STAY PROCEEDINGS

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STIPULATION
IT IS THEREFORE STIPULATED AND AGREED, by and between the Parties, and

3 subject to the approval of the Court, that:
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1.

This matter is stayed until November 13, 2015.

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2.

Defendants’ deadline to respond to the Complaint is extended through and

6 including November 20, 2015.
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IT IS SO STIPULATED.

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BRYAN CAVE LLP
TH
560 MISSION STREET, 25
FLOOR
SAN FRANC ISCO, CA 94105 -2994

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Dated: August 14, 2015

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BRYAN CAVE LLP
C. Scott Greene
Tracy Talbot
Monique Jewett-Brewster

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By: /s/ Monique Jewett-Brewster
Monique Jewett-Brewster
Attorneys for Defendants
WESTERN PROGRESSIVE, LLC and OCWEN LOAN
SERVICING, LLC

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16 Dated: August 14, 2015

LAW OFFICES OF CHARLES T. MARSHALL

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By: /s/ Charles T. Marshall
Charles T. Marshall
Attorneys for Plaintiff
DAN HANSEN

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I hereby attest that I have on file the permission of all necessary filers for any signatures

23 indicated by a "conformed" signature (/S/) within this e-filed document.
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/s/ Monique Jewett-Brewster

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SF01DOCS\254194.1

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JOINT STIPULATION TO STAY PROCEEDINGS

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ORDER

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The Court, having reviewed the stipulation of Plaintiff Dan Hansen (“Plaintiff”) and

3 Defendants Western Progressive, LLC and Ocwen Loan Servicing, LLC (collectively,
4 “Defendants”), and good cause appearing, hereby orders as follows:
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1.

This matter is stayed until November 13, 2015.

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2.

Defendants’ deadline to respond to the Complaint is extended through and

7 including November 20, 2015.
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IT IS SO ORDERED.

9 Dated: August 19, 2015

BRYAN CAVE LLP
TH
560 MISSION STREET, 25
FLOOR
SAN FRANC ISCO, CA 94105 -2994

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SF01DOCS\254194.1

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JOINT STIPULATION TO STAY PROCEEDINGS