Brooks et al v. FCI Lender Services, Inc. et al

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2017 ORDERING Plaintiffs shall have until 4/24/2017 to file First Amended Complaint. (Washington, S)

1 John Brooks
Laura Brooks
2 1682 Chilton Dr.
Roseville, CA 95747
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Tel: [phone]
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Plaintiffs in pro per
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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JOHN BROOKS, LAURA BROOKS,

CASE NO.: 16-CV-02598-KJM-KJN (PS)

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[Hon. Kendall J. Newman, Magistrate Judge]

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Plaintiffs,
v.

[PROPOSED]
ORDER ON JOINT STIPULATION TO
EXTEND TIME FOR PLAINTIFFS TO
FILE A FIRST AMENDED COMPLAINT

FC1 LENDER SERVICES, INC, a
Corporation; MDJ PROPERTIES, LLC, a
Limited Liability Company; BUCKS
FINANCIAL, LLC, a Limited Liability
CURRENT DEADLINE: March 9, 2017
Company; SN SERVICING CORPORATION, NEW PROPOSED DEADLINE: April 24,
a Corporation; MADISON MANAGEMENT
2017
SERVICES, LLC, a Limited Liability
Company; CALIFORNIA TD SPECIALISTS;
HOMECOMING FINANCIAL, LLC, a
Limited Liability Company; OCWEN LOAN
SERVICING; AND DOES 1 TO 50

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Defendants.

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23 TO THE CLERK OF THE COURT AND THE HONORABLE KENDALL J. NEWMAN,
24 JUDGE:
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Plaintiffs JOHN BROOKS AND LAURA BROOKS (“plaintiffs”) in pro se and

26 defendants FC1 LENDER SERVICES, INC (“FCI”), SN SERVICING CORPORATION, and
27 OCWEN LOAN SERVICING (collectively, the “parties”), through their respective counsel of
28 record, hereby submit the following joint stipulation and proposed order that would extend time
40752/000001/01684807-1

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CASE NO. 16-CV-02598-KJM-KJN
JOINT STIPULATION TO EXTEND TIME FOR
PLS. TO FILE AMENDED COMPLAINT

1 for plaintiffs to file an amended pleading. Grounds for the stipulation and proposed order are as
2 follows:
On January 23, 2017, this Court sustained defendant FCI’s Motion to Dismiss, and

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4 ordered that any First Amended Complaint was to be filed and served by March 9, 2017. [Doc.
5 31].
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Plaintiffs and FCI (the servicer presently) and MDJ (the lender presently) are involved

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

7 settlement negotiations, which would resolve the entire action without further litigation,
8 hopefully.
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For purposes of judicial economy, Plaintiffs and Defendants therefore stipulate to a

10 proposed order extending the time to for the Plaintiffs to file a First Amended Complaint. They
11 request 45 days extension from the March 9 date, to and including April 24, 2017, for Plaintiffs
12 to so amend, should settlement discussions not come to fruition to avoid that filing.
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Further, the parties request that the Court not set any further deadlines or status

14 conferences at present, pending the proposed extended date of April 24, 2017.
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No prior request has been made by the parties for the extension of Plaintiffs’ deadline.

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IT IS SO STIPULATED.

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18 Dated: March 8, 2017

___________________________________
JOHN BROOKS, in pro se

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Dated: March 8, 2017

___________________________________
LAURA BROOKS, in pro se

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Respectfully submitted,

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ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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By:

/s/ Fred Hickman
Fred Hickman
[e-mail]
Attorneys for FCI LENDER SERVICES, INC.

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40752/000001/01684807-1

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CASE NO. 16-CV-02598-KJM-KJN
JOINT STIPULATION TO EXTEND TIME FOR
PLS. TO FILE AMENDED COMPLAINT

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Respectfully submitted,

2 Dated: March 8, 2017

WRIGHT, FINLAY & ZAK, LLP

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By:

/s/ Richard J. Lee
Richard J. Lee
Attorneys for SN SERVICING CORPORATION

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Respectfully submitted,

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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8 Dated: March 8, 2017

McGLINCHEY STAFFORD

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By:

/s/ Dhruv Sharma
Dhruv Sharma
Attorneys for OCWEN LOAN SERVICING, LLC

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ORDER

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Based on the foregoing stipulation, Plaintiffs shall have until April 24, 2017 to file a First

16 Amended Complaint.
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IT IS SO ORDERED.

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19 Dated: March 10, 2017
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40752/000001/01684807-1

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CASE NO. 16-CV-02598-KJM-KJN
JOINT STIPULATION TO EXTEND TIME FOR
PLS. TO FILE AMENDED COMPLAINT

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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40752/000001/01684807-1

CASE NO. 16-CV-02598-KJM-KJN
CERTIFICATE OF SERVICE