Kelley v. Caliber Home Loans, Inc. et al

Filing 13

SECOND STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 9/19/17. The Court GRANTS the Stipulation, as follows: Defendants' deadline to answer, move to dismiss, or otherwise respond to the Complaint shall be EXTENDED up to an including fourteen (14) days after the Court issues any order denying Plaintiff's pending Motion to Remand 11 . In the event the Court grants the Motion to Remand, Defendants shall respond to the Complaint in Sacramento County Superior Court.(Mena-Sanchez, L)

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Joseph E. Addiego III (CA State Bar No. 169522)
John Freed (CA State Bar No. 261518)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant JPMorgan Chase Bank, N.A.

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DAVIS WRIGHT TREMAINE LLP

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JULIE A. KELLEY,
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Case No. 2:17-cv-01804-MCE-AC
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SECOND STIPULATION TO EXTEND
Plaintiff,
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TIME TO RESPOND TO COMPLAINT
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vs.
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Complaint removed: August 28, 2017
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Current response date: September 19, 2017
CALIBER HOME LOANS, INC.;
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JPMORGAN CHASE BANK; U.S. BANK )
NATIONAL ASSOCIATION; QUALITY )
[Complaint Filed: July 19, 2017]
LOAN SERVICE CORPORATION; AND )
DOES 1 THROUGH 100, INCLUSIVE,
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Defendants.
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STIPULATION TO EXTEND TIME
Case No. 2:17-cv-01804-MCE-AC

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WHEREAS, July 19, 2017, Plaintiff filed this action against Defendants JPMorgan Chase

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Bank N.A. (“Chase”), Caliber Home Loans, Inc. (“Caliber”), U.S. Bank Trust, N.A., as Trustee

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for LSF9 Master Participation Trust (incorrectly sued as U.S. Bank National Association) (“U.S.

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Bank” in the California Superior Court, Sacramento County;

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WHEREAS, on August 28, 2017, Defendants removed this action to this Court;

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WHEREAS on August 31, 2017, the parties stipulated to extend Defendants’ time to

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DAVIS WRIGHT TREMAINE LLP

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respond to the Complaint to September 19, 2017;
WHEREAS, on September 12, 2017, Plaintiff filed a motion to remand the case to
Sacramento County Superior Court (Dkt. No. 11);
WHEREAS, the parties agree it would be a more efficient use of party and judicial

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resources to adjudicate Plaintiff’s motion to remand prior before Defendants respond to the

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Complaint.

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NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE AS FOLLOWS:

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The deadline for Defendants to answer, move, or otherwise respond to Plaintiff’s Complaint shall

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be extended until fourteen (14) days after the Court issues any order denying Plaintiff’s motion to

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remand. In the event the Court grants the motion to remand, Defendants shall make their initial

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responses to the Complaint in Sacramento County Superior Court following remand.

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IT IS SO STIPULATED.

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Dated: September 19, 2017

Respectfully submitted,
DAVIS WRIGHT TREMAINE LLP

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By: /s/Joseph E. Addiego III
Joseph E. Addiego III
John Freed
Attorneys for Defendant JPMorgan
Chase Bank, N.A.

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STIPULATION TO EXTEND TIME
Case No. 2:17-cv-01804-MCE-AC

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Dated: September 19, 2017

Respectfully submitted,
LOCKE LORD

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By: /s/Regina McClendon
Regina McClendon
Kinga L. Wright
Attorneys for Defendants Caliber Home
Loans, Inc. and U.S. Bank Trust, N.A.,
as Trustee for LSF9 Master
Participation Trust (incorrectly sued as
U.S. Bank National Association)

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Dated: September 19, 2017

Respectfully submitted,
FRY LAW CORPORATION

DAVIS WRIGHT TREMAINE LLP

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By: /s/Christopher Fry
Christopher Fry
Attorneys for Plaintiff Julie Kelley

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STIPULATION TO EXTEND TIME
Case No. 2:17-cv-01804-MCE-AC

ORDER

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Presently before the Court is the parties’ Second Stipulation to Extend Time to Respond to

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the Complaint (“Stipulation”). Having reviewed the Stipulation and having considered the status

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of the case, and finding good cause, the Court GRANTS the Stipulation, as follows:

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Defendants’ deadline to answer, move to dismiss, or otherwise respond to the Complaint

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shall be extended up to an including fourteen (14) days after the Court issues any order denying

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Plaintiff’s pending Motion to Remand (Dkt. No. 11). In the event the Court grants the Motion to

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Remand, Defendants shall respond to the Complaint in Sacramento County Superior Court.

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DAVIS WRIGHT TREMAINE LLP

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IT IS SO ORDERED.
Dated: September 19, 2017

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STIPULATION TO EXTEND TIME
Case No. 2:17-cv-01804-MCE-AC

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CERTIFICATE OF SERVICE

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I hereby certify I caused the foregoing document to be filed through the Court’s ECF

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system and will be sent electronically to the registered participants as identified on the Notice of

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Electronic Filing, and paper copies will be sent to those indicated as non-registered participants on

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September 19, 2017.

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Executed at San Francisco, California on September 19, 2017.

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By: /s/ Joseph E. Addiego III
Joseph E. Addiego III

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION TO EXTEND TIME
Case No. 2:17-cv-01804-MCE-AC