Scherbak v. Wolf Law Firm, et al

Filing 17

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/4/2017 ORDERING Defendants SPS and Wells Fargo as Trustee's deadline to respond to Plaintiff's First Amended Complaint is EXTENDED to and through 12/15/2017. (Zignago, K.)

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THOMAS A. WOODS (SB #210050)
[e-mail]
TIFFANIE C. DE LA RIVA (SB #309092)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.447.4781
Attorneys for Defendants
Select Portfolio Servicing, Inc.; Wells Fargo Bank,
N.A., as Trustee, for the Certificate Holders of
Asset-Backed Pass-Through Certificates, Series
2004-WCW2
(erroneously sued as “Select Portfolio Servicing”
and “Wells Fargo Bank”)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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MARY K. SCHERBAK,

Case No. 2:17-cv-01521-JAM-CKD

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Plaintiff,
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v.

FURTHER STIPULATION TO EXTEND
TIME TO RESPOND TO PLAINTIFF’S
FIRST AMENDED COMPLAINT

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THE WOLF LAW FIRM, a California
partnership; SELECT PORTFOLIO
SERVICING, a Utah corporation; WELLS
FARGO BANK, a nationally banking
association; BANK OF AMERICA, a
nationally banking association; BLACK AND
WHITE INDIVIDUAL DOE DEFENDANTS
1-10; BLACK AND WHITE CORPORATE
DOE DEFENDANTS 1-10,

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Defendant.
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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

FURTHER STIPULATION TO EXTEND TIME TO
RESPOND TO PLAINTIFF’S FIRST AMENDED
COMPLAINT
94926423.1 0052161-04769

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2:17-CV-01521-JAM-CKD

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STIPULATION TO EXTEND TIME TO RESPOND
TO PLAINTIFF’S FIRST AMENDED COMPLAINT

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This stipulation is entered into by the undersigned counsel for Plaintiff Mary K.

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Scherbak (“Plaintiff”) and the undersigned counsel for Defendants Select Portfolio Servicing,

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Inc. (“SPS”) and Wells Fargo Bank, N.A., as Trustee, for the Certificate Holders of Asset-

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Backed Pass-Through Certificates, Series 2004-WCW2 (“the Trust”), (collectively, the

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“Parties”).
WHEREAS, Plaintiff filed her Complaint on July 6, 2017, in the Alpine County Superior

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Court.
WHEREAS, the matter was removed to the Eastern District of California on July 21,

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2017.

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WHEREAS, Plaintiff filed a First Amended Complaint on August 12, 2017.

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WHEREAS, the parties and defendant Bank of America filed a joint stipulation to extend

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their time to respond to Plaintiff’s First Amended Complaint on September 12, 2017.
WHEREAS, the parties filed a further joint stipulation to extend the time to respond to
Plaintiff’s First Amended Complaint on October 11, 2017.
WHEREAS, the parties filed a further joint stipulation to extend the time to respond to
Plaintiff’s First Amended Complaint on November 10, 2017.

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WHEREAS, SPS and the Trust’s responses are currently due December 1, 2017.

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WHEREAS, counsel for Plaintiff has agreed to a fourteen (14) day extension for SPS and

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the Trust to respond to Plaintiff’s First Amended Complaint. Good cause exists as parties

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continue to work towards resolution of the action.

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NOW THEREFORE, the Parties hereby stipulate and agree that SPS and the Trust’s time
to respond to the Complaint is extended to and through December 15, 2017.
IT IS HEREBY STIPULATED.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

FURTHER STIPULATION TO EXTEND TIME TO
RESPOND TO PLAINTIFF’S FIRST AMENDED
COMPLAINT
94926423.1 0052161-04769

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2:17-CV-01521-JAM-CKD

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DATED: December 1, 2017

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STOEL RIVES LLP

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By: /s/ Tiffanie C. de la Riva
THOMAS A. WOODS
TIFFANIE C. DE LA RIVA
Attorneys for Defendants
Select Portfolio Servicing, Inc.; Wells
Fargo Bank, N.A., as Trustee, for the
Certificate Holders of Asset-Backed PassThrough Certificates, Series 2004-WCW2
(erroneously sued as “Select Portfolio
Servicing” and “Wells Fargo Bank”)

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DATED: December 1, 2017

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By: /s/ Jane Luciano (as authorized on
12/1/2017)______________________
JANE LUCIANO
Attorney for Plaintiff
Mary K. Scherbak

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ORDER

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Pursuant to the terms of the foregoing Stipulation, Defendants SPS and Wells Fargo as

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Trustee’s deadline to respond to Plaintiff’s First Amended Complaint is extended to and through

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December 15, 2017.

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Dated: 12/4/2017

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/s/ John A. Mendez______________________

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United States District Court Judge

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

FURTHER STIPULATION TO EXTEND TIME TO
RESPOND TO PLAINTIFF’S FIRST AMENDED
COMPLAINT
94926423.1 0052161-04769

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2:17-CV-01521-JAM-CKD