Sullivan v. Washington Mutual Bank FA et al

Filing 113

ORDER RESETTING CMC - re 112 Case Management Statement filed by Katy Sullivan Case Management Statement due by 11/14/2013. Further Case Management Conference set for 11/21/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/24/13. (bpf, COURT STAFF) (Filed on 9/24/2013)

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1 2 3 4 5 J. Brian McCauley (SBN 66762) A Professional Law Corporation jbmapc@pacbell.net 425 California Street, Suite 1700 San Francisco, California 94104 Telephone: (415)974-1515 Facsimile: (415)543-0125 Attorneys for Plaintiff KATY SULLIVAN 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 NORTERN DISTRICT OF CALIFORNIA KATY SULLIVAN, also known as KATY MARIE SULLIVAN, Plaintiff, 12 v. 13 14 15 16 WASHINGTON MUTUAL BANK, FA, JP MORGAN CHASE BANK, National Association, BANK OF AMERICA, National Association, CALIFORNIA RECONVEYANCE COMPANY; and DOES 1 through 50, inclusive Defendants. Case No. CIV 09 2161 EMC UPDATED JOINT CASE MANAGEMENT STATEMENT ; ORDER RESETTING CMC Date: September 26, 2013 Time: 10:30 a.m. Dept: 5 - 17th Floor Judge: Hon. Edward M. Chen Action Filed: 4/22/09 17 18 TO THE CLERK OF THE ABOVE-ENTITLED COURT: 19 Defendants JPMorgan Chase Bank, N.A. (“JPMorgan”), California Reconveyance 20 Company (“CRC”) and Bank of America, National Association, as successor by merger to 21 LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9 22 Trust (“B of A”) (together, “Defendants”), along with plaintiff Katy Sullivan 23 (“Plaintiff”)(collectively the “Parties”), hereby submit this Updated Joint Case Management 24 Statement. 25 1. 26 Jurisdiction and Service Plaintiff has named the following as defendants: WASHINGTON MUTUAL BANK, FA, 27 JPMORGAN CHASE BANK, National Association, BANK OF AMERICA, National 28 Association, LASALLE BANK, National Association, CALIFORNIA RECONVEYANCE UPDATED JOINT CASE MANAGEMENT STATEMENT 1 COMPANY; and Does 1 through 50, inclusive. 2 This court has jurisdiction, because Plaintiff, in the initial complaint, alleges violations of 3 the Federal Truth in Lending Act (“TILA”). (See Second Amended Complaint.) 4 2. 5 Status of the Case and Changes Since Previous Joint Statement: Plaintiff seeks statutory damages under TILA, as well as general damages. Plaintiff also 6 seeks rescission under TILA. According to Plaintiff, Defendants failed to make certain 7 disclosures required under the TILA at the time the subject loan was issued to Plaintiff, and 8 thereafter. Plaintiff also contends that Defendants falsely represented the nature of the subject 9 loan. Defendants deny these allegations and contend that they did not participate in the 10 origination process which is the subject of Plaintiff’s legal action. Plaintiffs and Defendants 11 entered into a conditional settlement, part of which involved a loan modification, the terms of 12 which were established pending Plaintiff's submission of a loan modification application and 13 income verification. Due to Plaintiff's loss of her job, this CMC appearance was continued to the 14 present time to allow for the needed job search. She has been successful in finding employment, 15 and her disclosure materials have again been provided to Defendants. As stated below, both 16 parties believe that the settlement may now proceed, however, Defendants are in the process of 17 preparing documents to meet the somewhat adjusted circumstance. 18 A. Motions: 19 Defendants may bring a motion for summary judgment pursuant to FRCP 56. 20 B. 21 The parties have exchanged limited written discovery, however such discovery is 22 currently stayed pending the settlement. Discovery, as a result, is not pending as to do so would 23 be to expend attorney’s fees hopefully unnecessarily. Discovery: 24 C. Settlement and ADR: 25 The parties did reach a settlement, conditioned on a loan modification, which, as stated 26 above, has not yet been completed. During the parties’ final review of Plaintiff's financials, 27 unfortunately, Plaintiff was terminated from her employment -- thus causing a substantial 28 adjustment to her income. A continuance to the date of this CMC appearance was ordered to 2 UPDATED JOINT CASE MANAGEMENT STATEMENT 1 allow for a job search, which has been ongoing intensively. Happily Plaintiff Katy Sullivan was 2 able to obtain replacement employment and has submitted the requisite package of materials to 3 Defendants for their consideration. Defendants have advised that they believe the settlement may 4 go forward and the settlement documents are currently being drafted to reflect the terms of the 5 settlement as agreed some months ago. 6 Both parties request a further, thirty (30) day extension to allow Defendants to finalize 7 documentation for the already-negotiated settlement. On completion and execution of the 8 documentation, this action is to be dismissed. 9 Respectfully submitted, 10 11 ALVARADOSMITH A Professional Corporation DATED: September 19, 2013 12 13 By: /s/ Theodore E. Bacon THEODORE E. BACON 14 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 15 16 17 18 19 DATED: September 19, 2013 20 By: /s/ J. Brian McCauley J. BRIAN MCCAULEY, ESQ.. Attorneys for Plaintiff, KATY SULLIVAN 21 22 23 28 UNIT ED 27 ERED O ORD D IT IS S DIFIE 3 AS MO IA RT U O S 26 NO ORN 25 IT IS HEREBY ORDERED that the further CMC is rescheduled from 9/26/13 to 11/21/13 at 10:30 a.m. An updated joint CMC Statement shall be filed by 11/14/13. S DISTRICT ____________________ TE C Edward M. Chen TA U.S. District Judge UPDATED JOINT CASE MANAGEMENT STATEMENT n ard M. RT dw Judge E Che IF 24

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