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

Filing 7

STIPULATION and ORDER 6 signed by Senior Judge William B. Shubb on 8/26/2016 continuing hearing on the 4 MOTION to DISMISS to 10/3/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs Opposition will be filed by Monday, 9/19/2016. Defendants Reply Brief will be due Monday, 9/26/2016. (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: Plaintiff’s counsel Michael Yesk was attacked by a dog on July 24, 2016

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and was on Medical Leave with cellulitis (The term cellulitis is commonly used to indicate a

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nonnecrotizing inflammation of the skin and subcutaneous tissues, usually from acute infection)

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until August 9, 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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This Action was removed to Federal Court and the Motion to Dismiss filed while Mr.

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Yesk was on Medical Leave, and the Motion was inadvertently not calendared, so the deadline to

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file an Opposition passed without Plaintiff being aware of the deadline;

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THEREFORE, the parties hereby Stipulate as 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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The Hearing shall be continued until October 3, 2016 at 1:30pm in the same Courtroom.

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DATED: August 24 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: August 24, 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: August 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 - 2