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

Filing 22

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/20/16: The time for Trustee Corps to file a responsive pleading to the Complaint is extended to and including February 14, 2017. (Kaminski, H)

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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
PLAINTIFFS’ RE-FILED
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
(collectively, “Plaintiffs”) filed their operative Complaint (”Complaint”) on July 15,
2016 in the Superior Court of the State of California in and for the County of
Sacramento.

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

IRV #4838-5003-7822 v1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT PENDING
HEARING OF REMAND MOTION

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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 filed

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a Stipulation (Doc. #9) pursuant to L.R. 144(a) to automatically extend the time by

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28-days for Trustee Corps to file a responsive pleading to the Complaint by

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November 3, 2016.

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WHEREAS, on or about November 1, 2016, Plaintiffs and Trustee Corps

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filed a Stipulation and proposed Order (Doc. #10) to automatically extend the time

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for Trustee Corps to file a responsive pleading to the Complaint to December 20,

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2016, being seven days after the hearing of the Motion to Remand.

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WHEREAS, on or about November 2, 2016, the Court granted Plaintiffs and
Trustee Corps’ Stipulation and signed the proposed Order (Doc. #11).

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WHEREAS, on or about November 29, 2016, the Court dismissed without

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prejudice the Motion to Remand and vacated the December 13, 2016 hearing (Doc.

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#14).

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WHEREAS, today, Plaintiffs are concurrently re-filing their Motion to
Remand, which will be heard on February 7, 2017.

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WHEREAS, Trustee Corps intends to file a Motion to Dismiss the

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Complaint.

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///

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

IRV #4838-5003-7822 v1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT PENDING
HEARING OF REMAND MOTION

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WHEREAS, if the re-filed Motion to Remand is granted, Trustee Corps’
Motion to Dismiss may be rendered moot before it is heard.
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 third extension between Plaintiffs and Trustee Corps

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to extend the time for Trustee Corps to file a responsive pleading to the 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 February 14,

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2017, being seven days after the hearing of Plaintiffs’ re-filed Motion to Remand

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currently set for February 7, 2017.

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Dated: December 20, 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: December 20, 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

IRV #4838-5003-7822 v1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT PENDING
HEARING OF REMAND MOTION

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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 February 14, 2017, being seven days after the hearing of Plaintiffs’ re-

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filed Motion to Remand currently set for February 7, 2017.

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IT IS SO ORDERED:

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DATED: 12/20/2016

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/s/ John A. Mendez
JUDGE OF THE UNITED STATES
DISTRICT COURT

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

IRV #4838-5003-7822 v1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT PENDING
HEARING OF REMAND MOTION