Prater v. Cit Bank, N.A. et al

Filing 12

STIPULATION and ORDER 11 extending time for defendant to respond to initial complaint by 12/26/2017, signed by District Judge John A. Mendez for Senior Judge William B Shubb on 12/11/2017. (Kirksey Smith, K)

1 BRYAN CAVE LLP
Merrit M. Jones, California Bar No. 209033
2 Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4070
3 Telephone: [phone]
Facsimile: [phone]
4 E-Mail:
[e-mail]
5 Attorneys for Defendant
CIT BANK, N.A. D/B/A ONEWEST BANK FSB
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7TH FLOOR
SAN FRANCISCO, CA 94111-4070

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(SACRAMENTO COURTHOUSE)

11 JERRY PRATER,
Plaintiff,

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Case No.: 2:17-cv-02248-WBS-DB

v.

14 CIT BANK N.A. D/B/A ONEWEST
BANK FSB, SELECT PORTFOLIO
15 SERVICING, INC., AND EXPERIAN
INFORMATION SOLUTIONS, INC.,
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Defendants.
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STIPULATION TO EXTEND TIME
TO RESPOND TO INITIAL
COMPLAINT;
[PROPOSED] ORDER

Complaint Filed: October 26, 2017
Trial Date:
Not Assigned

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STIPULATION RE EXTENSION OF TIME

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IT IS HEREBY STIPULATED by and between Plaintiff Jerry Prater (“Plaintiff”)

2 and Defendant CIT Bank, N.A. d/b/a OneWest Bank FSB (“Defendant”) (Collectively, the
3 "Parties") by and through their counsel of record, hereby stipulate and agree as follows:
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1.

Plaintiff filed a Complaint in this action on October 26, 2017;

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3.

The Complaint was served on Defendant on November 3, 2017, and by

6 stipulation, Defendant's deadline to file a response to the Complaint is December 11, 2017;
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3.

The Parties agree and stipulate that Defendant’s deadline to file a response to

8 the Complaint shall be extended two weeks until and including December 26, 2017; and
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5.

This stipulated extension will not result in prejudice to any party and it is not

BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7TH FLOOR
SAN FRANCISCO, CA 94111-4070

10 expected to have any impact on judicial proceedings.
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IT IS SO STIPULATED.

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Dated: December 11, 2017

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C.O. LAW, APC
By: /s/ Clark Ovruchesky
Clark Ovruchesky
Attorneys for Plaintiff
JERRY PRATER

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Dated: December 11, 2017

BRYAN CAVE LLP

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By: /s/ Merrit M. Jones
Merrit M. Jones
Attorneys for Defendant
CIT BANK, N.A. D/B/A ONEWEST BANK
FSB

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24 I, Merrit Jones, hereby attest that that concurrence in this filing has been obtained from
25 each of the other Signatories.
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By: /s/
Merrit M. Jones

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STIPULATION RE EXTENSION OF TIME

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[PROPOSED] ORDER
Pursuant to the stipulation of the Parties, IT IS HEREBY ORDERED that

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3 Defendant shall have an additional two weeks to file a response to Plaintiff’s Complaint,
4 through and including December 26, 2017.
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Dated:

By:

/s/ John A. Mendez for William B. Shubb
Judge of the United States District Court

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BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7TH FLOOR
SAN FRANCISCO, CA 94111-4070

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STIPULATION RE EXTENSION OF TIME

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CERTIFICATE OF CM/ECF SERVICE

2 The undersigned hereby certifies that a true and correct copy of the above and foregoing
3 document has been served on November 22, 2017, to all counsel of record who are deemed
4 to have consented to electronic service via the Court’s CM/ECF system per Federal Rule
5 of Civil Procedure 5 and Civil Local Rule 135. Any counsel of record who have not
6 consented to electronic service through the Court’s CM/ECF system will be served by
7 electronic mail, first class mail, facsimile and/or overnight delivery. Pursuant to the
8 Electronic Case Filing Administrative Policies and Procedures Manual, I hereby certify
9 that the content of this document is acceptable to Clark Ovruchesky, counsel for Plaintiff,
BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7TH FLOOR
SAN FRANCISCO, CA 94111-4070

10 and that I have obtained his authorization to affix his electronic signature to this document.
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/s/
Connie Lee

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STIPULATION RE EXTENSION OF TIME