Monteforte, et al., v. Bank of New York Mellon Trust Co., et al.,

Filing 11

STIPULATION and ORDER to Extend the Time Plaintiff Has to Respond to the Motion to Dismiss and to Continue the Hearing Date 10 signed by Senior Judge William B. Shubb on 9/29/2016: Plaintiff's Opposition will be filed by 9/24/2016. Defendants ' Reply Brief to be due on 10/3/2016. The hearing on the 4 Motion to Dismiss is reset for 10/31/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference is continued from 11/21/2016 to 12/5/2016 at 1:30 p.m. A Joint Status Report shall be filed no later than 11/21/2016. (Kirksey Smith, K)

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Michael Yesk (SB#130056)
70 Doray Drive, Suite 16
Pleasant Hill, CA 94523
925-849-5525
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE P. MONTEFORTE,
MICHELLE R. MONTEFORTE, EN K CU
AND SEN VAN NGUYEN,

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Plaintiffs,
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V.
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THE BANK OF NEW YORK MELLON
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TRUST COMPANY NA F/K/A THE BANK )
OF NEW YORK TRUST COMPANY NA AS )
SUCCESSOR IN INTEREST TO JP
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MORGAN CHASE BANK NA AS TRUSTEE)
FOR MASTR ADJUSTABLE RATE
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MORTGAGES TRUST 2005-1, MORTGAGE )
PASS-THROUGH CERTIFICATES SERIES )
2005-1; CLEAR RECON CORP., WELLS )
FARGO BANK, N.A.; AND DOES 1-100, )
INCLUSIVE
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Defendants.
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CASE NO: 2:16−CV−01675−WBS−EFB
STIPULATION AND ORDER TO EXTEND
THE TIME PLAINTIFF HAS TO RESPOND
TO THE MOTION TO DISMISS AND TO
CONTINUE THE HEARING DATE
JURY TRIAL DEMANDED.

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COMES NOW the Plaintiffs, LAWRENCE P. MONTEFORTE, MICHELLE R.

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MONTEFORTE, EN K CU and SEN VAN NGUYEN, and Defendants, and Stipulate as follows:

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WHEREFORE: The Court kindly extended the time for the Motion to Dismiss as

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follows:

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Plaintiff’s Opposition will be filed by Monday, September 19, 2016.

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Defendant’s Reply Brief will be due Monday, September 26, 2016.

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STIPULATION AND ORDER TO EXTEND THE TIME PLAINTIFF HAS TO RESPOND TO
THE MOTION TO DISMISS AND TO CONTINUE THE HEARING DATE - 1

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The Hearing shall be continued until October 31, 2016 at 1:30pm in the same Courtroom.

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WHEREFORE Plaintiff has requested one final extension to Sept. 24, 2016 to file the

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Opposition, Defendants’ Reply Brief to be due on October 3, and the hearing shall be set for

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October 31, 2016 at 1:30 p.m.

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The Scheduling Conference is continued from November 21, 2016 to December 5, 2016

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at 1:30 p.m. A Joint Status Report shall be filed no later than November 21, 2016.

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DATED: September 23, 2016

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WOLFE & WYMAN LLP
By: /lsi/JOSHUA M BRYAN
BRIAN H. GUNN
JOSHUA M. BRYAN
Attorneys for Defendant
THE BANK OF NEW YORK TRUST
COMPANY N/A F/K/A THE BANK OF NEW
YORK TRUST COMPANY NA SUCCESSOR
IN INTEREST TO JP MORGAN CHASE
BANK NA AS TRUSTEE FOR MASTR
ADJUSTABLE RATE MORTGAGES TRUST
2005-I, MORTGAGE PASS-THROUGH
CERTIFICATE SERIES 2005-I; WELLS
FARGO BANK, N.A.

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DATED: September 23, 2016

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_/s/ Michael Yesk_________
Michael Yesk
Attorney for Plaintiffs
70 Doray Drive, Suite 16
Pleasant Hill, CA 94523
925-849-5525

IT IS SO ORDERED.
Dated: September 29, 2016

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STIPULATION AND ORDER TO EXTEND THE TIME PLAINTIFF HAS TO RESPOND TO
THE MOTION TO DISMISS AND TO CONTINUE THE HEARING DATE - 2