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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1 2 3 4 5 6 7 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: (415) 276-6500 Facsimile: (415) 276-6599 Email: joeaddiego@dwt.com Email: jakefreed@dwt.com Attorneys for Defendant JPMorgan Chase Bank, N.A. 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 16 17 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JULIE A. KELLEY, ) Case No. 2:17-cv-01804-MCE-AC ) SECOND STIPULATION TO EXTEND Plaintiff, ) TIME TO RESPOND TO COMPLAINT ) vs. ) Complaint removed: August 28, 2017 ) Current response date: September 19, 2017 CALIBER HOME LOANS, INC.; ) JPMORGAN CHASE BANK; U.S. BANK ) NATIONAL ASSOCIATION; QUALITY ) [Complaint Filed: July 19, 2017] LOAN SERVICE CORPORATION; AND ) DOES 1 THROUGH 100, INCLUSIVE, ) ) Defendants. ) ) ) 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME Case No. 2:17-cv-01804-MCE-AC 1 WHEREAS, July 19, 2017, Plaintiff filed this action against Defendants JPMorgan Chase 2 Bank N.A. (“Chase”), Caliber Home Loans, Inc. (“Caliber”), U.S. Bank Trust, N.A., as Trustee 3 for LSF9 Master Participation Trust (incorrectly sued as U.S. Bank National Association) (“U.S. 4 Bank” in the California Superior Court, Sacramento County; 5 WHEREAS, on August 28, 2017, Defendants removed this action to this Court; 6 WHEREAS on August 31, 2017, the parties stipulated to extend Defendants’ time to 7 8 9 DAVIS WRIGHT TREMAINE LLP 10 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 11 resources to adjudicate Plaintiff’s motion to remand prior before Defendants respond to the 12 Complaint. 13 NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE AS FOLLOWS: 14 The deadline for Defendants to answer, move, or otherwise respond to Plaintiff’s Complaint shall 15 be extended until fourteen (14) days after the Court issues any order denying Plaintiff’s motion to 16 remand. In the event the Court grants the motion to remand, Defendants shall make their initial 17 responses to the Complaint in Sacramento County Superior Court following remand. 18 IT IS SO STIPULATED. 19 20 Dated: September 19, 2017 Respectfully submitted, DAVIS WRIGHT TREMAINE LLP 21 22 By: /s/Joseph E. Addiego III Joseph E. Addiego III John Freed Attorneys for Defendant JPMorgan Chase Bank, N.A. 23 24 25 26 27 28 1 STIPULATION TO EXTEND TIME Case No. 2:17-cv-01804-MCE-AC 1 Dated: September 19, 2017 Respectfully submitted, LOCKE LORD 2 3 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) 4 5 6 7 8 9 Dated: September 19, 2017 Respectfully submitted, FRY LAW CORPORATION DAVIS WRIGHT TREMAINE LLP 10 By: /s/Christopher Fry Christopher Fry Attorneys for Plaintiff Julie Kelley 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO EXTEND TIME Case No. 2:17-cv-01804-MCE-AC ORDER 1 2 Presently before the Court is the parties’ Second Stipulation to Extend Time to Respond to 3 the Complaint (“Stipulation”). Having reviewed the Stipulation and having considered the status 4 of the case, and finding good cause, the Court GRANTS the Stipulation, as follows: 5 Defendants’ deadline to answer, move to dismiss, or otherwise respond to the Complaint 6 shall be extended up to an including fourteen (14) days after the Court issues any order denying 7 Plaintiff’s pending Motion to Remand (Dkt. No. 11). In the event the Court grants the Motion to 8 Remand, Defendants shall respond to the Complaint in Sacramento County Superior Court. 9 DAVIS WRIGHT TREMAINE LLP 10 IT IS SO ORDERED. Dated: September 19, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO EXTEND TIME Case No. 2:17-cv-01804-MCE-AC 1 CERTIFICATE OF SERVICE 2 I hereby certify I caused the foregoing document to be filed through the Court’s ECF 3 system and will be sent electronically to the registered participants as identified on the Notice of 4 Electronic Filing, and paper copies will be sent to those indicated as non-registered participants on 5 September 19, 2017. 6 Executed at San Francisco, California on September 19, 2017. 7 By: /s/ Joseph E. Addiego III Joseph E. Addiego III 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION TO EXTEND TIME Case No. 2:17-cv-01804-MCE-AC

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