Sullivan v. Washington Mutual Bank FA et al

Filing 103

STIPULATION AND ORDER RESETTING CMC re 102 Stipulation filed by JP Morgan Chase Bank, Bank of America, N.A., California Reconveyance Company Case Management Statement due by 4/4/2013. Further Case Management Conference set for 4/11/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/11/13. (bpfS, COURT STAFF) (Filed on 1/11/2013)

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1 THEODORE E. BACON (CA Bar No. 115395) tbacon@AlvaradoSmith.com 2 ALVARADOSMITH 3 4 A Professional Corporation 235 Pine Street, Suite 1200 San Francisco, CA 94104 Tel: (415) 624-8665 Fax: (415) 391-1751 5 6 7 8 Attorneys for Defendants JPMORGAN CHASE BANK, N.A., CALIFORNIA RECONVEYANCE COMPANY and BANK OF AMERICA, NATIONAL ASSOCIATION, as successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9 Trust 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA A LVARADO S MITH A P ROFESSIONAL C ORPORATI ON S AN F RA NCISCO 11 12 KATY SULLIVAN, also known as KATY MARIE SULLIVAN, CASE NO.: CV 09-2161 EMC JUDGE: 13 Hon. Edward M. Chen Plaintiff, STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE ; ORDER 14 v. 15 16 17 WASHINGTON MUTUAL BANK, FA, JP MORGAN CHASE BANK, National Association, BANK OF AMERICA, National Association, CALIFORNIA RECONVEYANCE COMPANY; and DOES 1 through 50, inclusive, DATE: TIME: CRTRM: January 17, 2013 10:30 a.m. 5 ACTION FILED: 18 April 22, 2009 Defendants. 19 20 21 22 23 24 25 26 27 28 1 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 3409196.1 -- AL109.W383 CASE NO. CV 09-2161 EMC 1 Defendants JPMorgan Chase Bank, N.A. (“JPMorgan”), California Reconveyance Company 2 (“CRC”) and Bank of America, National Association, as successor by merger to LaSalle Bank NA 3 as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9 Trust (“B of A”) 4 (together, “Defendants”), along with plaintiff Katy Sullivan (“Plaintiff”)(collectively the “Parties”), 5 hereby stipulate to continue the January 17, 2013 Case Management Conference to April 11, 2013 at 6 10:30 am. 7 The reason for the request is that the parties have entered into a conditional settlement of the entire case. The settlement contemplates a tender of a Deed in lieu of foreclosure on one of the two 9 condominium units owned by Plaintiff and a loan modification on the other unit in which Plaintiff 10 now resides. The financial terms of the loan modification and all other terms of the settlement have 11 A LVARADO S MITH A P ROFESSIONAL C ORPORATI ON S AN F RA NCISCO 8 been agreed upon, but it will take 60-75 days to confirm that title to both units is clear, to obtain 12 income verification and to submit all documentation required to process the loan modification. The 13 settlement provides that assuming, as both parties believe, that these issue are resolved, then the loan 14 modification agreement will be executed, the Deed in lieu recorded and the parties will submit a 15 request for dismissal with prejudice of the entire action. 16 17 The parties therefore respectfully stipulate to and ask the Court to continue the current CMC from 1/17/13 to 4/11/13, time to remain at 10:30 am. 18 19 DATED: January 9, 2013 ALVARADOSMITH A Professional Corporation 20 22 O ORD IT IS S _________________ Edward M. Chen U.S. District Judge E RT 28 FO 27 By: /s/ J. Brian McCauley en J. BRIAN MCCAULEY, ESQ.. d M. Ch e Edwar Attorneys for Plaintiff, Judg KATY SULLIVAN H LI IT IS SO ORDERED: NO 26 RN A 25 UNIT ED 24 RT U O S 23 By: /s/ Theodore E. Bacon THEODORE E. BACON Attorneys for Defendants JPMORGAN CHASE BANK, N.A., S DISTRICT TE C CALIFORNIA RECONVEYANCE COMPANY TA and BANK OF AMERICA, NATIONAL ASSOCIATION DATED: January 9, 2013 D ERE R NIA 21 F D IS T IC T O R C 2 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 3409196.1 -- AL109.W383 CASE NO. CV 09-2161 EMC

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