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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Stuart B. Wolfe (SBN 156471)
[e-mail]
Joshua M. Bryan (SBN 225230)
[e-mail]
WOLFE & WYMAN LLP
980 Ninth Street, Suite 2350
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
DITECH FINANCIAL LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEYLA M. TABER,

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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.

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It is hereby stipulated by the parties LEYLA M. TABER (“Plaintiff”) and DITECH

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FINANCIAL LLC (“DITECH”)(collectively the “Parties”), through their counsel of record, that

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the In Person Hearing/Mandatory Settlement Conference (“MSC”) currently set for October 5,

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2018 at 1:30pm in the above captioned action be continued to a later date.

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The Court set the October 5, 2018 hearing primarily due to concerns with the upcoming

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October 9, 2018 foreclosure sale date and related issues. While DITECH does not currently service

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the loan at issue in the litigation, it made a request to Caliber, the current servicer, to postpone the

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October 9, 2018 foreclosure sale and Caliber has confirmed to DITECH that the October 9 sale

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3180771.1

STIPULATION TO CONTINUE MSC HRG

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date will be postponed.
Further, DITECH has confirmed it has taken the necessary steps to begin the repurchase

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process, including submitting a request to repurchase the loan and supporting documentation,

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subject to approval by FNMA, which DITECH is awaiting.

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Based on these facts, and also because the parties believe it would be conducive to

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settlement, the Parties respectfully request that the Court continue the October 5, 2018 In Person

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Hearing/MSC to October 17 or 18 or the next available date that is convenient to the Court.

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DATED: October 4, 2018

WOLFE & WYMAN LLP

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By:
/s/ Joshua M. Bryan
STUART B. WOLFE
JOSHUA M. BRYAN
Attorneys for Defendant
DITECH FINANCIAL LLC

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DATED: October 4, 2018

KETTNER LAW CORPORATION

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By:
/s/ Joshua M. Bryan
MARC APPLBALUM
Attorneys for Plaintiff
LEYLA M. TABER

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3180771.1

STIPULATION TO CONTINUE MSC HRG

ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that:

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1. The October 5, 2018 In Person Hearing/Mandatory Settlement Conference is continued

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to October 25, 2018, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento,

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California, in Courtroom No. 27, before the undersigned;

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2. Plaintiff Leyla Taber, plaintiff’s counsel, defendant Ditech Financial LLC, and

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defendant’s counsel shall appear in person at the October 25, 2018 In Person Hearing/Mandatory

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Settlement Conference;

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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

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conference or appear at the October 25, 2018 hearing may result in an order imposing an

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appropriate sanction. See Local Rules 110 and 183.

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DATED: October 4, 2018

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.civil\taber1795.stip.cont.set.conf

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3180771.1

STIPULATION TO CONTINUE MSC HRG