Taber v. Ditech Financial, LLC

Filing 23

ORDER signed by Magistrate Judge Deborah Barnes on 10/4/2018 IT IS HEREBY ORDERED that the 10/5/2018 In Person Hearing/Mandatory Settlement Conference is CONTINUED to 10/25/2018, at 10:00 AM at the USDC EDCA in Courtroom No. 27, before the Deborah Ba rnes; Plaintiff Leyla Taber, plaintiff's counsel, defendant Ditech Financial LLC, and defendant's counsel shall appear in person at the 10/25/2018I in Person Hearing/Mandatory Settlement Conference; an Informal Telephonic Conference is set for 10/23/2018 at 01:30 PM. in the Chambers of Magistrate Judge Deborah Barnes; and the parties are cautioned that the failure to take part in the 10/23/2018 telephonic conference or appear at the 10/25/2018 hearing may result in an order imposing an appropriate sanction.(Reader, L)

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1 2 3 4 5 6 7 Stuart B. Wolfe (SBN 156471) sbwolfe@wolfewyman.com Joshua M. Bryan (SBN 225230) jmbryan@wolfewyman.com WOLFE & WYMAN LLP 980 Ninth Street, Suite 2350 Sacramento, CA 95814 Telephone: (916) 912-4700 Facsimile: (916) 329-8905 Attorneys for Defendant DITECH FINANCIAL LLC 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 LEYLA M. TABER, 13 14 15 16 17 No. 2:18-cv-01795-KJM-KJN Plaintiff, STIPULATION AND ORDER TO CONTINUE IN PERSON HEARING/MANDATORY SETTLEMENT CONFERENCE v. DITECH FINANCIAL, LLC, a business entity and DOES 1 through 50, inclusive, Defendants. 18 19 20 21 It is hereby stipulated by the parties LEYLA M. TABER (“Plaintiff”) and DITECH 22 FINANCIAL LLC (“DITECH”)(collectively the “Parties”), through their counsel of record, that 23 the In Person Hearing/Mandatory Settlement Conference (“MSC”) currently set for October 5, 24 2018 at 1:30pm in the above captioned action be continued to a later date. 25 The Court set the October 5, 2018 hearing primarily due to concerns with the upcoming 26 October 9, 2018 foreclosure sale date and related issues. While DITECH does not currently service 27 the loan at issue in the litigation, it made a request to Caliber, the current servicer, to postpone the 28 October 9, 2018 foreclosure sale and Caliber has confirmed to DITECH that the October 9 sale 1 3180771.1 STIPULATION TO CONTINUE MSC HRG 1 2 date will be postponed. Further, DITECH has confirmed it has taken the necessary steps to begin the repurchase 3 process, including submitting a request to repurchase the loan and supporting documentation, 4 subject to approval by FNMA, which DITECH is awaiting. 5 Based on these facts, and also because the parties believe it would be conducive to 6 settlement, the Parties respectfully request that the Court continue the October 5, 2018 In Person 7 Hearing/MSC to October 17 or 18 or the next available date that is convenient to the Court. 8 9 DATED: October 4, 2018 WOLFE & WYMAN LLP 10 By: /s/ Joshua M. Bryan STUART B. WOLFE JOSHUA M. BRYAN Attorneys for Defendant DITECH FINANCIAL LLC 11 12 13 14 15 16 DATED: October 4, 2018 KETTNER LAW CORPORATION 17 18 19 20 By: /s/ Joshua M. Bryan MARC APPLBALUM Attorneys for Plaintiff LEYLA M. TABER 21 22 23 24 25 26 27 28 2 3180771.1 STIPULATION TO CONTINUE MSC HRG ORDER 1 2 Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that: 3 1. The October 5, 2018 In Person Hearing/Mandatory Settlement Conference is continued 4 to October 25, 2018, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, 5 California, in Courtroom No. 27, before the undersigned; 6 2. Plaintiff Leyla Taber, plaintiff’s counsel, defendant Ditech Financial LLC, and 7 defendant’s counsel shall appear in person at the October 25, 2018 In Person Hearing/Mandatory 8 Settlement Conference; 9 10 11 3. An Informal Telephonic Conference is set for October 23, 2018 at 01:30 p.m. in the Chambers of Magistrate Judge Deborah Barnes; and 4. The parties are cautioned that the failure to take part in the October 23, 2018 telephonic 12 conference or appear at the October 25, 2018 hearing may result in an order imposing an 13 appropriate sanction. See Local Rules 110 and 183. 14 DATED: October 4, 2018 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 DLB:6 DB\orders\orders.civil\taber1795.stip.cont.set.conf 28 3 3180771.1 STIPULATION TO CONTINUE MSC HRG

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