Scherbak v. Wolf Law Firm, et al

Filing 22

STIPULATION and ORDER signed by District Judge John A. Mendez on 02/20/18 ORDERING that Plaintiff shall file the Second Amended Complaint within 7 days in lieu of filing an Opposition to 18 Motion to Dismiss. Defendants' responsive pleading is due within 30 days of service of the Second Amended Complaint. (Benson, A.)

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Jane Luciano Esq.
California State Bar Number 124263
9000 Crow Canyon Road Suite S#168
Danville, CA 94506
[phone]
[e-mail]
Attorney for Mary Scherbak

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UNITED STATES DISTRIC COURT

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EASTERN DISTRICT OF CALIFORNIA—SACRAMENTO DIVISION

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MARY K. SCHERBAK,

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Plaintiff
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v.

Case No. 17-cv-01521

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

JOINT STIPULATION TO ALLOW
FILING OF SECOND AMENDED
COMPLAINT PURSUANT TO
FRCP 15 (a) (2) AND IN LIEU OF
PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ MOTION TO
DISMISS

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Defendants
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[PLEADING TITLE] - 1

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STIPULATION TO ALLOW THE FILING OF THE SECOND AMENDED COMPLAINT
PURUSANT TO FRCP 15 (a) (2) AND IN LIEU OF THE FILING OF PLAINTIFF’S
OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS

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This stipulation is entered into by the undersigned counsel for Plaintiff Mary K. Scherbak
(‘Plaintiff’), the undersigned counsel for Defendants Select Portfolio Servicing Inc. (‘SPS’) and

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Wells Fargo Bank, N.A. as Trustee, for the Certificate Holders of Asset-Backed Pass-Through
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Certificates, Series 2004-WCW2 (“the Trust”) and hereinafter referred to collectively as the
(“Parties’). Defendant Bank of America has been dismissed.
Defendants have filed a FRCP 12 (b) Motion to Dismiss Plaintiff’s First Amended
Complaint, which is set for hearing on March 13, 2018. The Parties have reached a stipulation to

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allow Plaintiff to file her Second Amended Complaint pursuant to FRCP 15 (a) (2). Said Second
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Amended Complaint shall be filed in lieu of Plaintiff filling an Opposition to Defendants FRCP
12 (b) Motion to Dismiss.
The Parties further stipulate that the Second Amended Complaint will be filed and served
within 7 days of the receipt of the executed Court Order. Defendants’ responsive pleading shall

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be filed and served within 30 days of the service of the Second Amended Complaint.
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IT IS HEREBY STIPULATED.

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[PLEADING TITLE] - 2

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DATED: February 20, 2018

BY: /s/Jane Luciano/s/_______________
JANE LUCIANO
Attorney for Plaintiff

DATED: February 20, 2018

BY: /s/Tiffanie C. De La Riva/s/___________________
THOMAS A. WOOD
TIFFANIE C. DE LA RIVA
Attorneys for Defendants
Select Portfolio Servicing, Inc.; Wells
Fargo Bank, N.A., as Trustee, for Certificate Holders
of Asset-Backed Pass-Through Certificates,
Series 2004-WCW2

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ORDER
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Pursuant to FRCP 15 (a) (2) and the terms of the foregoing Stipulation, Plaintiff shall file

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and serve the Second Amended Complaint within 7 days of receipt of the executed Order in lieu

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of filing an Opposition to Defendants pending FRCP 12 (b) Motion to Dismiss. Defendants’

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responsive pleading shall be filed and served within 30 days of service of the Second Amended
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Complaint.

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IT IS SO ORDERED:
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Dated: 2/20/2018

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[PLEADING TITLE] - 3

/s/ John A. Mendez_____________
U. S. DISTRICT COURT JUDGE