Murillo et al v. Cervantes et al

Filing 71

ORDER EXTENDING TIME TO RESPOND re 69 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 1/28/2010. (mejlc1, COURT STAFF) (Filed on 1/28/2010)

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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: [phone] Facsimile: [phone] Attorney for Plaintiffs Juan Murillo, Maria Murillo, Martha Jimenez, Amalia Rios and Maria Muņoz B. Edward McCutchan, Jr., Esq. (State Bar No. 119376) Michael Maloney, Esq. (State Bar No. 208297) SUNDERLAND & McCUTCHAN, LLP 412 Aviation Boulevard, Suite D Santa Rosa, CA 95403 Tel: [phone] / Fax: [phone] 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 V. Ta, Esq. (State Bar No. 225188) BLEDSOE, CATHCART, DIESTEL, PEDERSEN & TREPPA LLP 601 California Street, 16th Floor San Francisco, California 94608-2805 Tel: [phone] / Fax: [phone] 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, ) ) ) ) ) ) ) Case No: C07-02199 MEJ ALL PLAINTIFFS AND DEFENDANTS FIRST FEDERAL MORTGAGE BANKERS, INC., RAM CAPITAL CORP. dba CITYWIDE PROPERTIES, BOBBY RAY

Murillo, et al. v. Cervantes, et al. ­ (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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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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 vs.

Plaintiffs,

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.

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LEE, FRANCISCO CERVANTES, TERESA DIAZ'S JOINT STIPULATION SEEKING RELIEF FROM 1/20/10 & 1/22/10 ORDERS; [PROPOSED] AMENDED ORDER

The signatories below, who are parties to the above-entitled action, submit this Joint Stipulation Seeking Relief from the Order issued by the Court on January 22, 2010 requesting that the parties file a joint status report by January 27, 2010. 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 Michael Maloney 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, on November 25, 2010, the parties hereto filed with this court a Joint Status Report requesting that they be allowed to file a follow-up Joint Status Report and an accompanying Stipulation and [Proposed] Amended Case Management Order on or before January 15, 2010 subject to the court's ordered approval of said Joint Status Report.
Murillo, et al. v. Cervantes, et al. ­ (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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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WHEREAS, on December 2, 2010, this Court in response ordered and approved this November 25, 2009 filing request by the parties. WHEREAS, on January 20, 2010, this Court issued an Order ordering the parties to file a Joint Status Report by January 27, 2010, including any request for a referral to Magistrate Judge Larson for a Settlement Conference. WHEREAS, on January 22, 2010, this Court issued a follow-up Order vacating all pretrial and trial deadlines and hearings, stating that, if necessary, after receipt of the parties' next Joint Status Report, the Court shall schedule a case management conference for purposes of scheduling a trial and other case management deadlines. WHEREAS, since the August 2009, Settlement Conference hearing before Magistrate Judge Larson, the parties have been engaged in good faith settlement negotiations and further discovery in this proceeding but, to date, have not yet completed yet all needed discovery in this action nor achieved settlement among the remaining parties to this action. 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 continued good faith settlement negotiations but will require additional time to prepare and file an updated Joint Status Report and proposed Amended Case Management Scheduling Order. WHEREAS, plaintiffs counsel in this action through filing of this Stipulation and also a separate concurrent filing of a Notice of Unavailability informs the remaining parties and this Court that said counsel will be unavailable from January 28, 2010 through February 8, 2010 and requests that any new Orders for attendance at hearings, depositions, mediations, settlement conference hearings, other proceedings and for any compliance with Orders issued by this Court including to file a Joint Status Report be required to take place after February 8, 2010. WHEREAS, for the reasons stated above, the parties seeks an Order from this Court for relief from the current January 20 and 22, 2010 Orders and request that this Court grant the parties additional time up until February 15, 2010 to comply with the aforesaid Orders. WHEREAS, the Court's granting of this stipulated request from the parties is necessary presently in order to allow plaintiffs and all remaining defendants who have appeared in this
Murillo, et al. v. Cervantes, et al. ­ (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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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proceeding full and fair opportunity to jointly comply with ADR, and other joint Case Management Order requirements; and WHEREAS, Good cause exists based on the reasons stated herein to approve this Stipulation. // // Respectfully Submitted, Dated: January 27, 2010 THE LAW OFFICES OF MATTHEW J. WEBB /S/ Heidi Li Attorneys for all Plaintiffs

Dated: January 27, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 27, 2010

SUNDERLAND & McCUTCHAN __ /S/ ______ B. Edward McCutchan, Jr., Esq. Michael Maloney, Esq. 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 Jeffrey V. Ta, Esq. Attorneys for Defendant FIRST FEDERAL MORTGAGE BANKERS, INC. dba CITYWIDE HOME LOANS

Murillo, et al. v. Cervantes, et al. ­ (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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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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: January 27, 2010

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. 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) - 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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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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 20 and 22, 2010; and [Proposed] Order,

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 Orders issued on January

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the plaintiffs and defendants be granted relief from the court's current January 20 and 22, 2010 Orders and the Court heretofore issues a new Order in this proceeding allowing the parties to this action additional time up until February 15, 2010 to comply with these Orders.
January 28th IT IS SO ORDERED this _______________ day of _________________, 2010.

___________________________________ Honorable Maria Elena James: United States District Court Magistrate Judge

Murillo, et al. v. Cervantes, et al. ­ (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 1/20/10 & 1/22/10 ORDERs RE; [PROPOSED] AMENDED ORDER

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