Ford et al v. Wells Fargo Home Mortgage et al

Filing 15

ORDER DENYING STIPULATION TO CONTINUING INITIAL SCHEDULING CONFERENCE. Signed by Judge Samuel Conti on 11/25/08. (tdm, COURT STAFF) (Filed on 11/25/2008)

1 LAW AND MEDIATION OFFICE OF RICHARD PARIS 2 324 Knight Drive
Richard Paris, California Bar No. 152350 San Rafael, CA 94901

3 Telephone: [phone]
Facsimile: [phone] Attorneys for Plaintiffs WILLIAM and

5 VERONICA FORD 6 7 8 9 10 11 12

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

WILLIAM FORD, VERONICA FORD Plaintiffs, vs.

Case No. C 08 4276-SC STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL SCHEDULING CONFERENCE

WELLS FARGO HOME MORTGAGE, 13 WELLS FARGO BANK N.A., ELIZABETH A. MARQUEZ, AND DOES 14 1 THOURGH 50, INCLUSIVE 15 16 17 Defendants.

This Stipulation is entered into by Plaintiffs WILLIAM and VERONICA

18 FORD ("Plaintiffs") and Defendants WELLS FARGO HOME MORTGAGE, a division 19 of WELLS FARGO BANK N.A. (collectively "Wells Fargo"). 20 21

WHEREAS, Plaintiffs filed their Complaint in State Court. WHEREAS, on September 10, 2008, Wells Fargo removed this action to WHEREAS, pursuant to the Court's Scheduling Order, the Initial Scheduling

22 federal court. 23 24 Conference is set for December 19, 2008. Accordingly, the parties are required to 25 hold their Fed. R. Civ. P. 26(f) conference and prepare and submit to the Court a joint 26 status report that includes a Rule 26(f) discovery plan by December 12, 2008. 27

WHEREAS, Wells Fargo filed a Motion to Dismiss pursuant to Fed. R. Civ. P.

28 12(b)(6), seeking a complete dismissal of all Plaintiffs' claims. 1
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL SCHEDULING CONFERENCE

1

WHEREAS, the pending Motion to Dismiss will determine the scope and WHEREAS, the Court has now taken Wells Fargo's Motion to Dismiss under WHEREAS, the parties agree that good cause exists for continuing the Initial

2 extent of discovery, if any, needed in this action. 3 4 advisement, vacating the hearing date of November 21, 2008. 5 6 Status Conference since conducting a Rule 26(f) conference, exchanging Rule 26(a) 7 initial disclosures and preparing a joint status report at this time would be terribly 8 inefficient, as it is unknown what claims, if any, will remain following the Court's 9 ruling on Wells Fargo's Motion to Dismiss, when such Order will be entered such 10 that discovery in this action could be commenced, and the extent of any discovery 11 that is necessary in this action, and that setting informed deadlines for discovery, 12 dispositive motions, or trial would be difficult at this time. 13

NOW, THEREFORE, Plaintiffs and Wells Fargo, through their respective

14 counsel of record, hereby stipulate and respectfully request that the Court continue the 15 Initial Status Conference until January 19, 2009, or as soon thereafter as may be set 16 by the Court. 17 This stipulation is without prejudice to the rights, claims, defenses and arguments of

18 all parties. 19 IT IS SO STIPULATED. 20 Dated: November 24, 2008 21 22 23 24 25 Dated: November 24, 2008 26 27 28 2
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL SCHEDULING CONFERENCE

LAW AND MEDIATION OFFICE OF RICHARD PARIS By: /s/_____________________________________ Richard Paris Attorneys for Plaintiffs WILLIAM and VERONICA FORD SEVERSON & WERSON, P.C. By: /s/

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WELLS FARGO HOME MORTGAGE, WELLS FARGO BANK, N.A.

Joshua E. Whitehair Attorneys for Defendants

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UNIT ED

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Pursuant to the Stipulation, IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL SCHEDULING CONFERENCE

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8 ____________________ Date

11/25/08

__________________________________ SAMUEL CONTI, UNITED STATES DISTRICT JUDGE onti amuel C Judge S

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Richard Paris, CSB # 152350 Law and Mediation Office of Richard Paris 324 Knight Drive San Rafael, California 94901 Phone: [phone] Fax: [phone] Attorney for Plaintiffs, WILLIAM and VERONICA FORD

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) Case No.: C 08 4276-SC ) ) Plaintiffs, ) CERTIFICATE OF SERVICE ) ) vs. ) ) WELLS FARGO HOME MORTGAGE, ) WELLS FARGO BANK N.A., ELIZABETH ) A. MARQUEZ, and DOES 1 THROUGH 50, ) ) INCLUSIVE, ) ) Defendant ) ) WILLIAM FORD, VERONICA FORD, I am employed in the City and County of Marin County, State of California. I am over the age of 18 and not a party to the within action. My business address is 324 Knight Drive, San Rafael, CA, 94901. On November 24, 2008, I caused to be served on the interested parties in said action the within 1. STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL SCHEDULING CONFERENCE to
-1CERTIFICATE OF SERVICE

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Joshua E. Whitehair Severson & Werson One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Executed on November 24, 2008, in San Rafael, California. /s/_________________________ Richard Paris

-2CERTIFICATE OF SERVICE