Hafiz v. Aurora Loan Services LLC et al

Filing 13

ORDER to change and correct case caption and court records/docket (ts, COURT STAFF) (Filed on 5/26/2009)

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Case 3:09-cv-01963-SI Document 7 Filed 05/21/2009 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 AKERMAN SENTERFITT LLP DONALD M. SCOTTEN (CA SBN 190532) Email: donald.scotten@akermtan.com 725 South Figueroa Street, 38 h Floor Los Angeles, California 90017-5433 Telephone: (213) 688-9500 Facsimile: (213) 627-6342 AKERMAN SENTERFITT LLP JUSTIN D. BALSER (CA SBN 213478) Email: justin.balser@akerman.com The Kittredge Building 511 Sixteenth Street, Suite 420 Denver, Colorado 80202 Telephone: (303) 260-7712 Facsimile: (303) 260-7714 Attorneys for Defendant AURORA LOAN SERVICES LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO ASHARFUN NISHA HAFIZ, Plaintiff, v. MORTGAGEIT, INC., a Business entity, form unknown; AURORA LOAN SERVICES, a business entity, form unknown, QUALITY LOAN SERVICE CORP., business entity, form unknown; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in property described in this Complaint adverse to Plaintiff's title thereto, and DOES 1 through 30, inclusive, Defendants. TO THE COURT ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiff Ashfaran Nisha Hafiz (plaintiff) and defendant Aurora Loan Services LLC (Aurora), through their counsel of record, hereby stipulate as follows: Case No. 3:09-cv-01963-SI Hon. Susan Illston STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT RECORDS; [PROPOSED] ORDER [Local Rule 7-12] Complaint Filed: April 27, 2009 Complaint Removed: May 5, 2009 Trial Date: None 1 _________________________________________________________________________________________________ STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT'S RECORDS Case 3:09-cv-01963-SI Document 7 Filed 05/21/2009 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 /// /// /// /// WHEREAS, plaintiff filed this action in Contra Costa County Superior Court on April 27, 2009 and, subsequently, Aurora removed this matter to federal court on May 5, 2009 based on federal question jurisdiction; WHEREAS, Aurora's notice of removal and initiating documents erroneously identified the wrong defendants and added an "r" to plaintiff's first name; and WHEREAS, the parties wish to amend the caption of the case and the Court's records with the correct defendants and the correct first name of the plaintiff to "Asharfun" from "Arsharfun". NOW THEREFORE, the parties stipulate and agree as follows: 1. "Asharfun"; 2. The defendants be changed to MORTGAGEIT, INC., a Business entity, The plaintiff's first name shall be changed from "Arsharfun" to form unknown; AURORA LOAN SERVICES, a business entity, form unknown, QUALITY LOAN SERVICE CORP., business entity, form unknown; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in property described in this Complaint adverse to Plaintiff's title thereto, and DOES 1 through 30, inclusive; 3. That the caption on any pleading filed in this matter reflect the corrected name of plaintiff and the corrected name of all defendants; and 4. That Aurora file an amended Certificate of Interested Parties within 10 days of the Court's order on this stipulation. 2 _________________________________________________________________________________________________ STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT'S RECORDS Case 3:09-cv-01963-SI Document 7 Filed 05/21/2009 Page 3 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 IT IS SO STIPULATED. Dated: May 21, 2009 Respectfully submitted, AKERMAN SENTERFITT LLP By: /s/ Justin D. Balser Justin D. Balser Attorneys for Defendant AURORA LOAN SERVICES LLC LAW OFFICES OF MAHESH BAJORIA By: /s/ Mahesh Bajoria* Mahesh Bajoria Attorneys for Plaintiff ASHARFUN NISHA HAFIZ * e-signature approved by plaintiff's counsel via email on May 21, 2009 3 _________________________________________________________________________________________________ STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT'S RECORDS Case 3:09-cv-01963-SI Document 7 Filed 05/21/2009 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: ________, 2009 3. d. ORDER For good cause appearing, the Court grants the parties' stipulation and orders as follows: 1. "Asharfun"; 2. The Court's records be changed to reflect the defendants as a. b. c. MORTGAGEIT, INC., a Business entity, form unknown; AURORA LOAN SERVICES, a business entity, form unknown, QUALITY LOAN SERVICE CORP., business entity, form unknown; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in property described in this Complaint adverse to Plaintiff's title thereto, and DOES 1 through 30, inclusive; That the caption on any pleading filed in this matter reflect the corrected The plaintiff's first name shall be changed from "Arsharfun" to name of plaintiff and the corrected name of all defendants; and 4. That Aurora file an amended Certificate of Interested Parties within 10 days of the Court's order on this stipulation. PURSUANT TO THE STIPULATION, IT IS SO ORDERED. ___________________________________ Hon. Susan Illston United States District Court Judge 4 _________________________________________________________________________________________________ STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT'S RECORDS Case 3:09-cv-01963-SI Document 7 Filed 05/21/2009 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 (State) (Federal) PROOF OF SERVICE BY ECF NOTIFICATION STATE OF COLORADO, CITY AND COUNTY OF DENVER I am employed in the City and County of Denver, State of Colorado; I am over the age of 18 years and not a party to this action. My business address is 511 Sixteenth Street, Suite 420, Denver, Colorado 80202. On May 21, 2009, I served the following document(s) described as: STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT RECORDS; [PROPOSED] ORDER by enclosing the documents in an envelope or package provided by an overnight delivery carrier and addresses to the persons at the addresses as stated below: Mahesh Bajoria Law Offices of Mahesh Bajoria 39355 California Street, Suite 310 Fremont, California 94538 BY FEDERAL EXPRESS * BY EXPRESS MAIL USPS)* BY ECF-Notification (Plaintiff's counsel has consented to notice via ECF). I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on May 21, 2009, at Denver, Colorado. /s/ Elizabeth M. Streible Elizabeth M. Streible 5 _________________________________________________________________________________________________ STIPULATION TO CHANGE AND CORRECT CAPTION AND COURT'S RECORDS

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