Murillo et al v. Cervantes et al

Filing 58

ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT DATES re 57 Stipulation,, filed by First Federal Mortgage Bankers Inc., Juan Murillo, Maria Munoz, Francisco Cervantes, Maria Murillo, Bobby Ray Lee, Teresa Diaz, Amalia Rios, Martha Jimenez. Signed by Judge Maria-Elena James on 4/27/2009. (mejlc1, COURT STAFF) (Filed on 4/27/2009)

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Case 3:07-cv-02199-MEJ Document 57 Filed 04/22/2009 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Heidi Li, Esq., SBN 202068 Matthew J. Webb, SBN 148228 The Law Offices of Matthew J. Webb 409 ­ 13th Street, Tribune Tower, 17th Floor Oakland, CA 94612 Telephone: (510) 444-4224 Facsimile: (510) 444-4223 Attorney for Plaintiffs Juan Murillo, Maria Murillo, Martha Jimenez, Amalia Rios and Maria Muņoz B. Edward McCutchan, Jr., Esq. (State Bar No. 119376) Scott R. Comerford, Esq. (State Bar No. 238751) SUNDERLAND & McCUTCHAN, LLP 412 Aviation Boulevard, Suite D Santa Rosa, CA 95403 Tel: (707) 284-5524 / Fax: (707) 284-5527 Attorney for Defendants Francisco Cervantes, Teresa Diaz, Bobby Ray Lee, RAM Capital Corporation dba Citywide Properties L. Jay Pedersen, Esq. (State Bar No. 127791) Jeffrey Vi Ta, Esq. (State Bar No. 225188) BLEDSOE, CATHCART, DIESTEL, PEDERSEN & TREPPA LLP 601 California Street, 16th Floor San Francisco, California 94608-2805 Tel: (415) 981-5411 / Fax: (415) 981-0352 Attorney for Defendant First Federal Mortgage Bankers, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JUAN MURILLO aka JUAN MANUEL MURILLO; MARIA MURILLO aka MARIA JUDITH MURILLO; MARTHA JIMENEZ; AMALIA RIOS aka AMALIA GALVAN RIOS; and MARIA MUŅOZ, Plaintiffs, vs. MANAGEMENT ORDER; [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) ) ) Case No: C07-02199 MEJ ALL PLAINTIFFS AND DEFENDANTS FIRST FEDERAL MORTGAGE BANKERS, INC., RAM CAPITAL CORP. dba CITYWIDE PROPERTIES, BOBBY RAY LEE, FRANCISCO CERVANTES, TERESA DIAZ'S JOINT STIPULATION SEEKING RELIEF FROM AMENDED CASE MANAGEMENT ORDER FILED 10/30/08; Murillo, et al. v. Cervantes, et al. ­ (Case no. C07-02199 MEJ) - JOINT STIPULATION SEEKING RELIEF FROM 10/30/08 CASE -1- Case 3:07-cv-02199-MEJ Document 57 Filed 04/22/2009 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FRANCISCO CERVANTES; TERESA DIAZ; BOBBY RAY LEE; FIRST FEDERAL MORTGAGE BANKERS, INC. dba CITYWIDE PROPERTIES dba CITYWIDE HOME LOANS dba RAM CAPITAL CORP.; HAROLD BLANCO; EAGLE LITERACY GROUP, INC.; NEW CENTURY MORTGAGE CORP.; WELLS FARGO BANK, NA.; CHASE HOME FINANCE, LLC, OCWEN LOAN SERVICING, LLC and DOES 1-100, Defendants. ) [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The signatories below, who are parties to the above-entitled action, submit this Joint Stipulation Seeking Relief from the Amended Case Management Order issued by the Court on October 30, 2008 and submit an accompanying [Proposed] Amended Case Management Order requesting that the Court adopt this newly proposed Amended Case Management Order in this action inclusive of all revised timelines listed therein for GOOD CAUSE per the reasons stated herein. The parties to this action and their attorneys of record who are the signatories below are specifically: Plaintiffs Juan Murillo, Maria Murillo, Martha Jimenez, Amalia Rios and Maria Muņoz ("Plaintiffs") as represented by attorney Heidi M. Li and Matthew J. Webb of The Law Offices of Matthew J. Webb; and defendants Bobby Ray Lee, RAM Capital Corporation dba Citywide Properties, Francisco Cervantes, and Teresa Diaz as represented by attorneys B. Edward McCutchan, Jr. and Scott R. Comerford of Sunderland & McCutchan, LLP and defendant First Federal Mortgage Bankers, Inc. dba Citywide Home Loans as represented by attorneys L. Jay Pedersen and Jeffry Vi Ta of Bledsoe, Cathcart, et al., LLP. Collectively, the foregoing parties are referred to herein-below as "The Parties." WHEREAS since March of 2008, the Parties have been engaged in active discovery in this proceeding but, to date, have not yet completed yet all needed discovery in this action including propounding and responding to all written discovery, designating experts, and the taking of depositions of the parties including experts. WHEREAS, on October 30, 2008, this Court issued an Amended Case Management Order based on its review and, subsequent, approval of much of a [Proposed] Amended Case Management Murillo, et al. v. Cervantes, et al. ­ (Case no. C07-02199 MEJ) - JOINT STIPULATION SEEKING RELIEF FROM 10/30/08 CASE MANAGEMENT ORDER; [PROPOSED] ORDER -2- Case 3:07-cv-02199-MEJ Document 57 Filed 04/22/2009 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Order which was submitted by stipulation of the parties and their counsel and filed in this proceeding previously on January 8, 2008. WHEREAS, on or after May 16, 2008, Defendant First Federal Mortgage Bankers, Inc. filed a Substitution of Attorneys with this Court substituting attorneys L. Jay Pedersen and Jeffry Vi Ta of Bledsoe, Cathcart, et al., LLP, as their attorney of record effective in place of and instead of B. Edward McCutchan, Jr. and Scott R. Comerford of Sunderland & McCutchan, LLP, in this action; WHEREAS, effective as of April and May of 2008, Plaintiffs resolved through confidential settlement their respective claims with defendants Chase Home Finance ("Chase"), Ocwen Loan Servicing, LLC ("Ocwen") and Wells Fargo Bank, NA ("Wells") and sought, at such time, to voluntarily dismiss with prejudice these said defendants from this proceeding; WHEREAS, since the court's issuance of its October 30, 2008 Amended Case Management Order, The Parties have not yet attended a Settlement Conference after being referred under this Order and a related subsequent order to Magistrate Judge James Larson for this purpose. WHEREAS, The Parties were scheduled to attend a settlement conference hearing before the Honorable Judge Larson on April 15, 2009. However, due to scheduling conflicts and the unavailability of certain counsel and also named parties in this proceeding have now rescheduled this hearing for August 11, 2009. WHEREAS, the Parties through their respective counsel would like to proceed forward, at this time, with further needed discovery in this action and to engage also in good faith settlement negotiations at the upcoming settlement conference hearing now set for August 11, 2009 before fully 20 completing all such discovery. 21 22 23 24 25 26 27 28 Murillo, et al. v. Cervantes, et al. ­ (Case no. C07-02199 MEJ) - JOINT STIPULATION SEEKING RELIEF FROM 10/30/08 CASE MANAGEMENT ORDER; [PROPOSED] ORDER WHEREAS, for the reasons stated above, such relief from the current October 30, 2008, Amended Case Management Order is necessary currently in order to allow plaintiffs and all remaining defendants who have appeared in this proceeding full and fair opportunity to jointly comply with ADR, and other joint Case Management Order filing requirements; and WHEREAS, Good cause exists based on the reasons stated herein-above to approve this Stipulation. // // -3- Case 3:07-cv-02199-MEJ Document 57 Filed 04/22/2009 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 20, 2009 Dated: April 20, 2009 Dated: April 17, 2009 Respectfully Submitted, THE LAW OFFICES OF MATTHEW J. WEBB /S/ Heidi Li Attorneys for all Plaintiffs SUNDERLAND & McCUTCHAN __ / S / ______ Scott Comerford Attorneys for Defendants: BOBBY RAY LEE; RAM CAPITAL CORP. dba CITYWIDE PROPERTIES, FRANCISCO CERVANTES and TERESA DIAZ BLEDSOE, CATHCART, ET AL., TREPPA LLP _____/ S /___ _____ L. Jay Pedersen, Esq Attorneys for Defendant FIRST FEDERAL MORTGAGE BANKERS, INC. dba CITYWIDE HOME LOANS SIGNATURE ATTESTATION As the attorney efiling this document with the court, I hereby attest that I have on file all holograph signatures for any and all signatures indicated by a "conformed" signature (/S/) within this efiled document. Dated: April 20, 2009 THE LAW OFFICES OF MATTHEW J. WEBB By:_________________________ /S/ Heidi Li Attorneys for Plaintiffs Murillo, et al. v. Cervantes, et al. ­ (Case no. C07-02199 MEJ) - JOINT STIPULATION SEEKING RELIEF FROM 10/30/08 CASE MANAGEMENT ORDER; [PROPOSED] ORDER -4- Case 3:07-cv-02199-MEJ Document 57 Filed 04/22/2009 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER The Court has reviewed the plaintiffs and defendants Bobby Ray Lee, RAM Capital Corporation dba Citywide Properties, Francisco Cervantes, and Teresa Diaz and First Federal Mortgage Bankers, Inc.'s Stipulation Seeking Relief from the court's current Amended Case Management Order filed on October 30, 2009; and [Proposed] Amended Case Management Order and based upon the foregoing, and GOOD CAUSE APPEARING, PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the plaintiffs and defendants be granted relief from the court's current October 30, 2008 Amended Case Management Order and the court shall heretofore issue a new Amended Case Management Order in this proceeding. April 27th IT IS SO ORDERED this _______________ day of _________________, 2009. ___________________________________ Honorable Maria Elena James: United States District Court Magistrate Judge Murillo, et al. v. Cervantes, et al. ­ (Case no. C07-02199 MEJ) - JOINT STIPULATION SEEKING RELIEF FROM 10/30/08 CASE MANAGEMENT ORDER; [PROPOSED] ORDER -5-

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