Kelley v. Caliber Home Loans, Inc. et al

Filing 34

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 9/17/18, ORDERING that Defendants' deadline to complete discovery is EXTENDED until 120 days after the deadline, if any, for Defendants' answers to the Complaint. (Kastilahn, A)

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LOCKE LORD LLP
Regina J. McClendon (SBN 184669)
[e-mail]
Kinga L. Wright (SBN 313827)
[e-mail]
101 Montgomery Street, Suite 1950
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Locke Lord LLP

101 Montgomery Street, Suite 1950
San Francisco, CA 94104

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)
)
)
Plaintiff,
)
)
vs.
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CALIBER HOME LOANS, INC.; JPMORGAN )
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CHASE BANK; U.S. BANK NATIONAL
ASSOCIATION; QUALITY LOAN SERVICE )
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CORPORATION; and DOES 1 through 100,
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inclusive,
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)
Defendants.
)
JULIE A. KELLEY,

CASE NO.: 2:17-cv-01804-MCE-AC
STIPULATION FOR EXTENSION OF
TIME FOR DISCOVERY TO BE
COMPLETED; ORDER
Date:
Time:
Location:

November 1, 2018
2:00 p.m.
Courtroom 7, 14th Floor

[Filed concurrently with Motion for Extension
of Time for Discovery to Be Completed]
Complaint Filed: July 19, 2017

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

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

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

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(“U.S. Bank Trust”) in the Superior Court of California, County of Sacramento;

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

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WHEREAS, on August 28, 2017, this Court filed its Initial Pretrial Scheduling Order;

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STIPULATION FOR EXTENSION OF TIME FOR DISCOVERY TO BE COMPLETED
Kelley v. Caliber Home Loans, Inc., et al., Case No. 2:17-cv-01804-MCE-AC

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WHEREAS, the Initial Pretrial Scheduling Order required all discovery, with the exception

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of expert discovery, to be completed no later than three hundred sixty-five (365) days from the

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date the federal case was opened;

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WHEREAS, on September 12, 2017, Plaintiff filed a motion to remand the case to state
court;

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WHEREAS, on September 19, 2017, pursuant to the parties’ stipulation, the Court

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extended Defendants’ deadline to respond to the Complaint to fourteen (14) days after the Court

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issued an order denying the motion to remand;

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WHEREAS, on May 2, 2018, this Court denied the motion to remand;
WHEREAS, on May 11, 2018, Caliber and the U.S. Bank Trust filed their motion to
dismiss the Complaint;

Locke Lord LLP

WHEREAS, on May 17, 2018, Chase filed its motion to dismiss the Complaint;

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101 Montgomery Street, Suite 1950
San Francisco, CA 94104

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WHEREAS, the Court, on its own motions, vacated the hearings on both motions to

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dismiss, and the motions to dismiss are presently under submission with the Court;

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WHEREAS, the parties agree it would be a more efficient use of party and judicial

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resources for this Court to adjudicate the pending motions to dismiss before Defendants complete

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discovery.

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

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The deadline for Defendants to complete discovery shall be extended until 120 days after the

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deadline, if any, for Defendants’ answers to the Complaint.

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IT IS SO STIPULATED.

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Dated: September 11, 2018

Respectfully submitted,
DAVIS WRIGHT TREMAINE LLP

By: /s/ John Freed
(as authorized on September 11, 2018)
Joseph E. Addiego III
John Freed
Attorneys for Defendant JPMorgan
Chase Bank, N.A.
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STIPULATION FOR EXTENSION OF TIME FOR DISCOVERY TO BE COMPLETED
Kelley v. Caliber Home Loans, Inc., et al., Case No. 2:17-cv-01804-MCE-AC

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Dated: September 11, 2018

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Respectfully submitted,
LOCKE LORD

By: /s/ Kinga L. Wright
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 11, 2018

Respectfully submitted,
FRY LAW CORPORATION

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Locke Lord LLP

101 Montgomery Street, Suite 1950
San Francisco, CA 94104

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By: /s/ Christopher Fry
(as authorized on September 11, 2018)
Christopher Fry
Attorney for Plaintiff Julie Kelley

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STIPULATION FOR EXTENSION OF TIME FOR DISCOVERY TO BE COMPLETED
Kelley v. Caliber Home Loans, Inc., et al., Case No. 2:17-cv-01804-MCE-AC

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ORDER

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Presently before the Court is the parties’ Stipulation for Extension of Time for

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Discovery to Be Completed (the “Stipulation”). Having reviewed the Stipulation and

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having considered the status of the case, and finding good cause, the Court GRANTS

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the Stipulation, as follows:

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Defendants’ deadline to complete discovery shall be extended until 120 days after
the deadline, if any, for Defendants’ answers to the Complaint.
IT IS SO ORDERED.
Dated: September 17, 2018

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Locke Lord LLP

101 Montgomery Street, Suite 1950
San Francisco, CA 94104

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ORDER
Kelley v. Caliber Home Loans, Inc., et al., Case No. 2:17-cv-01804-MCE-AC