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)
1
2
3
Michael Yesk (SB#130056)
70 Doray Drive, Suite 16
Pleasant Hill, CA 94523
925-849-5525
yesklaw@gmail.com
Attorneys for Plaintiffs
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7
8
9
10
11
12
13
14
15
16
17
18
LAWRENCE P. MONTEFORTE,
MICHELLE R. MONTEFORTE, EN K CU
AND SEN VAN NGUYEN,
)
)
)
)
Plaintiffs,
)
)
V.
)
)
THE BANK OF NEW YORK MELLON
)
TRUST COMPANY NA F/K/A THE BANK )
OF NEW YORK TRUST COMPANY NA AS )
SUCCESSOR IN INTEREST TO JP
)
MORGAN CHASE BANK NA AS TRUSTEE)
FOR MASTR ADJUSTABLE RATE
)
MORTGAGES TRUST 2005-1, MORTGAGE )
PASS-THROUGH CERTIFICATES SERIES )
2005-1; CLEAR RECON CORP., WELLS )
FARGO BANK, N.A.; AND DOES 1-100, )
INCLUSIVE
)
)
Defendants.
)
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.
19
20
COMES NOW the Plaintiffs, LAWRENCE P. MONTEFORTE, MICHELLE R.
21
MONTEFORTE, EN K CU and SEN VAN NGUYEN, and Defendants, and Stipulate as follows:
22
WHEREFORE: Plaintiff’s counsel Michael Yesk was attacked by a dog on July 24, 2016
23
and was on Medical Leave with cellulitis (The term cellulitis is commonly used to indicate a
24
nonnecrotizing inflammation of the skin and subcutaneous tissues, usually from acute infection)
25
until August 9, 2016;
26
STIPULATION AND ORDER TO EXTEND THE TIME PLAINTIFF HAS TO RESPOND TO
THE MOTION TO DISMISS AND TO CONTINUE THE HEARING DATE - 1
1
This Action was removed to Federal Court and the Motion to Dismiss filed while Mr.
2
Yesk was on Medical Leave, and the Motion was inadvertently not calendared, so the deadline to
3
file an Opposition passed without Plaintiff being aware of the deadline;
4
THEREFORE, the parties hereby Stipulate as follows:
5
Plaintiff’s Opposition will be filed by Monday, September 19, 2016.
6
Defendant’s Reply Brief will be due Monday, September 26, 2016.
7
The Hearing shall be continued until October 3, 2016 at 1:30pm in the same Courtroom.
8
DATED: August 24 2016
9
10
11
12
13
14
15
16
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.
17
18
DATED: August 24, 2016
19
20
21
22
23
_/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
24
25
26
STIPULATION AND ORDER TO EXTEND THE TIME PLAINTIFF HAS TO RESPOND TO
THE MOTION TO DISMISS AND TO CONTINUE THE HEARING DATE - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?