Hayes v. Cenlar Agency, Inc. et al

Filing 8

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 3/6/2017 ORDERING Plaintiff will amend the Complaint by no later than 3/13/2017; in amending the Complaint, Plaintiff will not add any additional and/or new causes of action to the 4 causes of action presently alleged in the Complaint; the causes of action will remain the same in an amended complaint; Defendants do not need to file a response to the current complaint; instead, their response to the forthcoming Amended Complaint will be due within 20 days of service of the Amended Complaint.(Reader, L)

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Eric D. Houser, SBN 130079
Jason K. Boss, SBN 228147
HOUSER & ALLISON, APC
9970 Research Drive
Irvine, California 92618
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants Lakeview Loan Servicing, LLC and Cenlar FSB, erroneously sued as
“Cenlar Agency, Inc.”

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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DEANNA M. HAYES an individual,
Plaintiff,

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v.
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CENLAR AGENCY, INC.; LAKEVIEW
LOAN SERVICING, LLC; and DOES 1
through 50, inclusive,
Defendants.

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CASE NO. 2:17-CV-00185-KJM-CMK
Honorable Kimberly J. Mueller
Magistrate Judge Craig M. Kellison
STIPULATION RE. FILING OF
AMENDED COMPLAINT AND
RESPONSIVE PLEADING TO
COMPLAINT; ORDER
Case Removed On January 27, 2017

TO THE CLERK OF THE ABOVE COURT AND TO ALL INTERESTED
PARTIES HEREIN:
Defendants LAKEVIEW LOAN SERVICING, LLC (“Lakeview”) and CENLAR FSB,

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erroneously sued as “Cenlar Agency, Inc.” (“Cenlar”) (collectively “Defendants”) have been

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named in an initial Complaint filed by Plaintiff DEANNA M. HAYES (“Plaintiff”), which

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Defendants removed to this Court on January 27, 2017.

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The Parties previously stipulated to extend the deadline by which Defendants were to

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respond to the Complaint to March 3, 2017 (ECF Doc. #5) which was granted by this Court

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(ECF Doc. #6).

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In compliance with paragraph 4 of this Court’s Standing Order (ECF Doc. #2-1), the
Parties’ undersigned counsel have met and conferred as to the current operative Complaint, the

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initial Complaint filed by Plaintiff in this action. In compliance with the Court’s Standing

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Order, Plaintiff’s counsel has carefully evaluated Defendants’ contentions as to the deficiencies

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in the Complaint and believes and maintains that Plaintiff can cure the alleged defects in an

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amended complaint. Defendants, through their counsel, has agreed to permit Plaintiff an

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opportunity to amend the complaint, thus avoiding the need for Defendants’ anticipated motion

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to dismiss.

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As a result,

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IT IS HEREBY STIPULATED by and between Plaintiff and Defendants, by and

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through their undersigned counsel of record in this action, without waiving or limiting their

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rights, as follows:

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1.

Plaintiff will amend the Complaint by no later than March 13, 2017.

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2.

In amending the Complaint, Plaintiff will not add any additional and/or new

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causes of action to the four (4) causes of action presently alleged in the Complaint. The causes

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of action will remain the same in an amended complaint.

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3.

Defendants do not need to file a response to the current complaint. Instead, their

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response to the forthcoming Amended Complaint will be due within twenty (20) days of service

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of the Amended Complaint.

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Dated: February 28, 2017

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HOUSER & ALLISON, APC
/s/ Jason K. Boss
Jason K. Boss
Attorneys for Defendants Lakeview Loan
Servicing, LLC and Cenlar FSB, erroneously sued
as “Cenlar Agency, Inc.”

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Dated: February 28, 2017

KETTNER LAW CORPORATION
/s/ Marc Applbaum (as approved on 2/28/17)
Marc Applbaum
Attorneys for Plaintiff Deanna M. Hayes

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IT IS SO ORDERED.
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Dated: March 6, 2017
UNITED STATES DISTRICT JUDGE