Camello et al v. Countrywide Financial Corporation et al

Filing 15

STIPULATION AND ORDER TO TAKE MOTION TO DISMISS OFF CALENDAR AND TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO AMENDED COMPLAINT. Dfts' response to amended complaint due 3/2/9. Motions terminated: 6 MOTION to Dismiss Complaint MOTIO N to Strike Allegations filed by Countrywide Home Loans Inc., Countrywide Financial Corporation Initial Case Management Conference set for 3/13/2009 at 01:30 PM. Signed, as modified, by Judge Joseph C. Spero on 1/23/09.(klh, COURT STAFF) (Filed on 1/23/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 SUNNY S. HUO (State Bar No. 181071) ssh@severson.com JON D. IVES (State Bar No. 230582) jdi@severson.com SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants Countrywide Financial Corporation and Countrywide Home Loans, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSEPH CAMELLO; RENEE CAMELLO, Plaintiffs, vs. Case No.: C 08-cv-5479 JCS STIPULATION AND [PROPOSED] ORDER TO TAKE MOTION TO DISMISS OFF CALENDAR AND TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO AMENDED COMPLAINT Hearing Date: Time: Courtroom: Judge: February 6, 2009 9:30 a.m. A, 15th Floor Hon. Joseph C. Spero COUNTRYWIDE FINANCIAL 15 CORPORATION, etc., COUNTRYWIDE HOME LOANS, INC., etc., et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 11952/0055/708832.1 Complaint Filed: September 24, 2008 Stipulation and [Proposed] Order Case No.: C 08-05479 JCS 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 /// /// /// WHEREAS Countrywide Financial Corp. and Countrywide Home Loans, Inc. ("Countrywide") have filed a motion to dismiss presently set for hearing on February 6, 2009; WHEREAS plaintiffs Joseph and Renee Camello filed a First Amended Complaint on January 16, 2009; and WHEREAS the parties have discussed the pending motion, the First Amended Complaint, and whether settlement of this case was feasible and agreed upon the following: A. It would make sense to take Countrywide's Motion to Dismiss set for hearing on February 6, 2009 off calendar since plaintiffs have amended their complaint; B. The parties disagree as to whether the First Amended Complaint still states a Federal Question--plaintiff contends it does not, Countrywide contends that the First Amended Complaint still raises questions under the federal Alternative Mortgage Transaction Parity Act; C. The parties agree that it would be more constructive for both sides to explore the possibility of settlement at this juncture, rather than having either side immediately having to file additional motions; and D. A continuance of approximately 30 days on Countrywide's deadline to respond to the Amended Complaint--from January 29 to March 2--would give the parties a reasonable opportunity to explore settlement without incurring substantial additional costs. In light of the foregoing, the parties stipulate and request that the Court enter the following Order: 1. The motion to dismiss set for hearing on February 6, 2009 is taken off calendar, without prejudice. 2. Countrywide will have until March 2, 2009, to file its response to the First Amended Complaint. 3. If the parties reach a settlement, they will promptly advise the Court. IT IS SO STIPULATED. -111952/0055/708832.1 Stipulation and [Proposed] Order Case No.: C 08-05479 JCS 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 20, 2009 Nocos Law Firm, A Professional Corporation /s/ Reuben L. Nocos By: Reuben L. Nocos Attorneys for Plaintiffs Joseph and Renee Camello DATED: January 20, 2009 SEVERSON & WERSON A Professional Corporation /s/ Sunny S. Huo By: Sunny S. Huo Attorneys for Defendants Countrywide Financial Corporation and Countrywide Home Loan, Inc. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. -211952/0055/708832.1 Stipulation and [Proposed] Order Case No.: C 08-05479 JCS 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 March 13, 2009 GOOD CAUSE APPEARING, defendants' motion to dismiss set for hearing on February 6, 2009 is taken off calendar, without prejudice. Defendants will have until March 2, 2009, to file their response to the First Amended Complaint. If the parties reach a settlement, they will promptly advise the Court. The case maangement conference, set for March 13, 2009, at 1:30 p.m., will remain on calendar. A joint case management conf. statement is due by 3/6/9. Jan. 23, 2009 DATED: ______________ S DISTRICT TE C _______________________________ TA RT U O UNIT ED S ER N F D IS T IC T O R -311952/0055/708832.1 Stipulation and [Proposed] Order Case No.: C 08-05479 JCS A C LI FO Judge Jo seph C. Spero R NIA ERED O ORD D IT IS S DIFIE AS MO NO RT H

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