Pellegrini et al v. JPMorgan Chase Bank, N.A. et al

Filing 11

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/2/16 ORDERING that the time for Trustee Corps to file a responsive pleading to the Complaint is extended to and including 12/20/16, being seven days after the hearing of Plaintiffs' Motion to Remand currently set for 12/13/16.(Becknal, R)

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Richard J. Reynolds (SBN 89911)
E-mail: [e-mail]
Martin Kosla (SBN 247224)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
1851 East First Street, Suite 1550
Santa Ana, CA 92705-4067
Tel: [phone] Fax: [phone]
Attorneys for Defendant
MTC FINANCIAL INC. dba TRUSTEE CORPS
(erroneously named herein as TRUSTEE CORPS)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STIPULATION OF DEFENDANT
MTC FINANCIAL INC. dba
TRUSTEE CORPS AND
PLAINTIFFS TO EXTEND TIME
TO RESPOND TO COMPLAINT
TO DATE AFTER HEARING OF
PLAINTIFF’S MOTION TO
REMAND; ORDER

Plaintiffs,

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Case No. 2:16-cv-02214-JAM-KJN

TIMOTHY J. PELLEGRINI and
LORIBETH B. PELLIGRINI,

v.
JP MORGAN CHASE BANK, N.A.;
DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR WAMU MORTGAGE PASSTHROUGH CERTIFICATES SERIES
2003-AR8;TRUSTEE CORPS,
business form unknown; and
AND DOES 1 through 50, inclusive

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Complaint Filed: 07/15/16
Trial Date:
None

Defendants.

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WHEREAS, Plaintiffs Timothy J. Pellegrini and Loribeth B. Pellegrini

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(collectively, “Plaintiffs”) filed their operative Complaint (”Complaint”) on July 15,

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2016 in the Superior Court of the State of California in and for the County of

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Sacramento.
WHEREAS, Plaintiffs served the Complaint on September 15, 2016 on

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Defendant MTC Financial Inc. dba Trustee Corps (“Trustee Corps”).

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
SANTA ANA

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STIPULATION TO EXTEND TIME TO
RESPOND TO ORIGINAL COMPLAINT

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WHEREAS, on September 16, 2016, Defendants JPMorgan Chase Bank,

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N.A. and Deutsche Bank National Trust Company as Trustee for WaMu Mortgage

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Pass-Through Certificates Series 2003-AR8 (collectively, “JPMorgan Defendants”)

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filed a Notice of Removal (Doc. #1) removed this case from the Sacramento

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Superior Court to this United States District Court in and for the Eastern District of

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California.

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WHEREAS, on or about October 17, 2016, Plaintiffs filed a Motion to

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Remand (Doc. #6) (“Motion to Remand”) requesting that the case be remanded

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back to Sacramento Superior Court, with the Motion to Remand being set for

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hearing in this Court on December 13, 2016, at 1:30 p.m.

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WHEREAS, on or about October 19, 2016, Plaintiffs and Trustee Corps, by

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and through their attorneys of record, filed a Stipulation (Doc. #9) pursuant to L.R.

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144(a) to automatically extend the time by 28-days for Trustee Corps to file a

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responsive pleading to the Complaint by November 3, 2016.

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WHEREAS, based on the current responsive pleading deadline of November

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3, 2016, any Motion to Dismiss by Trustee Corps will need to be filed and opposed

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before the hearing of the Motion to Remand on December 13, 2016.

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WHEREAS, if the Motion to Remand is granted, any such Motion to Dismiss
may be rendered moot before it is heard.

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WHEREAS, in addition to avoiding the waste of valuable judicial resources,

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the parties would like to avoid the necessity and expense of having to prepare and

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oppose a Motion to Dismiss that may be rendered moot.

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WHEREAS, this is the second extension between Plaintiffs and Trustee

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Corps to extend the time for Trustee Corps to file a responsive pleading to the

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Complaint.

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
SANTA ANA

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STIPULATION TO EXTEND TIME TO
RESPOND TO ORIGINAL COMPLAINT

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WHEREFORE, Plaintiffs and Trustee Corps, by and through their attorneys

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of record, hereby stipulate and request that the time for Trustee Corps to file a

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responsive pleading to the Complaint be extended to and including December 20,

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2016, being seven days after the hearing of Plaintiffs’ Motion to Remand which is

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currently set for December 13, 2016.

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Dated: November 1, 2016

BURKE, WILLIAMS & SORENSEN, LLP

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By: /s/ Martin Kosla
Richard J. Reynolds
Martin Kosla
Attorneys for Defendant
MTC FINANCIAL INC. dba TRUSTEE
CORPS

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Dated: November 1, 2016

UNITED LAW CENTER

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By: /s/ Danny A. Barak
Stephen J. Foondos
Danny A. Barak
Attorneys for Plaintiffs
TIMOTHY J. PELLEGRINI and
LORIBEITH B. PELLEGRINI

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
SANTA ANA

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STIPULATION TO EXTEND TIME TO
RESPOND TO ORIGINAL COMPLAINT

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ORDER
THE PARTIES HAVING STIPULATED THERETO AND GOOD CAUSE

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APPEARING THEREFOR, IT IS HEREBY ORDERED THAT the time for

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Trustee Corps to file a responsive pleading to the Complaint is extended to and

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including December 20, 2016, being seven days after the hearing of Plaintiffs’

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Motion to Remand currently set for December 13, 2016.

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IT IS SO ORDERED:

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DATED: 11/2/2016
/s/ John A. Mendez___________________
United States District Court Judge

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
SANTA ANA

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STIPULATION TO EXTEND TIME TO
RESPOND TO ORIGINAL COMPLAINT