Huweih v. Caliber Home Loans, Inc. et al

Filing 10

STIPULATION and ORDER signed by District Judge John A. Mendez on 9/8/2017 GRANTING 5 Motion to Dismiss and TRANSFERRING this case to the Northern District of California. Amended Complaint is due within 7 days after the case is electronically opened in Northern District of California. 7 First Amended Complaint is hereby STRICKEN. CASE CLOSED. (Donati, J)

1 Christopher J. Fry, Esq. (SBN: 298874)
Email: [e-mail]
2 Justin D. McManus, Esq. (SBN: 290833)
Email: [e-mail]
3 FRY LAW CORPORATION
980 9th Street, 16th Floor
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff,
AMAL HUWEIH
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMAL HUWEIH,
Plaintiff,

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CASE NO.: 2:17-cv-01370-JAM-DB
JOINT STIPULATION AND ORDER
GRANTING DEFENDANTS’ MOTION
TO DISMISS

vs.
CALIBER HOME LOANS, INC.; SUMMIT
MANAGEMENT COMPANY, LLC; and
DOES 1 through 100, inclusive,
Defendants.

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STIPULATION FOR ORDER
Case No.: 2:17-cv-01370-JAM-DB

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TO THE HONORABLE COURT AND TO ALL INTERESTED PARTIES:
Plaintiff AMAL HUWEIH (“Plaintiff”) and defendants CALIBER HOME LOANS, INC.

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(“Caliber”), and SUMMIT MANAGEMENT COMPANY, LLC (“Summit”), collectively
(“Defendants”), by and through their attorneys of record, hereby jointly stipulate as follows:
1.

Instead of opposing Defendants’ motion to dismiss, Plaintiff mistakenly filed a

First Amended Complaint (“FAC”) in response thereto. Plaintiff thus both failed to timely

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oppose the motion to dismiss and filed her FAC outside the permitted window of Fed. R.

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Civ. P 15.

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2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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2.

To prevent wasting the parties’ and Court’s time and resources with law and

motion relating to said oversight, the Parties wish to enter into this stipulation.
3.

Defendants’ motion to dismiss under FRCP 12(b)(3) is unopposed (and

previously stipulated to) and, therefore, should be deemed GRANTED. The parties

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respectfully request the Court transfer this action, in the interest of justice, to the Northern

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District of California for the following reasons: (a) Plaintiff resides in the Northern District; (b)

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The real property that is the subject to this action and faces potential foreclosure is located

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in the Northern District; (c) Defendants are not California citizens; and (d) To prevent further

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burden on this Court and unnecessary delay in ruling on further law and motion.
4.

Defendants’ motion to dismiss under FRCP 12(b)(6) is to be GRANTED with

leave to amend. Plaintiff did not oppose the motion, but she believes any defects can be
remedied, thus, Plaintiff should be allowed to file an amended complaint if any, within seven

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(7) days of the date on which the case is electronically docketed by the Northern District
Court. If Plaintiff does not so file, Plaintiff’s complaint SHALL be dismissed with prejudice.
5.

The untimely FAC, Docket No. 7, is hereby stricken pursuant to this Court’s

minute order, Docket No. 8, and this Stipulation for Order.

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OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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IT IS SO STIPULATED.

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Dated: September 7, 2017

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Perkins Coie LLP
By: /s/ Aaron Goldstein_________
Aaron Goldstein
Attorneys for Caliber Home Loans and Summit

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Dated: September 7, 2017

FRY LAW CORPORATION

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By: /s/ Christopher J. Fry
Christopher J. Fry
Attorneys for PLAINTIFF

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2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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ORDER
The stipulation is approved.

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(1) Defendants’ motion to dismiss under FRCP 12(b)(3) is GRANTED. Venue is
proper in, and the case SHALL be transferred to, the United States District Court in and for
the Northern District of California;
(2) Defendants’ motion to dismiss under FRCP 12(b)(6) is presently unopposed and

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hereby GRANTED with leave to amend. Plaintiff did not oppose the motion, but she shall be

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allowed to file an amended complaint, if any, within seven (7) days of the date on which this

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case is electronically docketed in the Northern District. If Plaintiff does not so file, Plaintiff’s

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complaint SHALL be dismissed with prejudice.
(3) Docket No. 7, is hereby stricken.

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IT IS SO ORDERED.

2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: [phone]

PALMER LAW GROUP

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Dated:

9/8/2017

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/s/ John A. Mendez____________

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United States District Court Judge

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OBJECTION TO MOSES JOSEPH’S MOTION TO CONTINUE HEARING
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