Sullivan v. Washington Mutual Bank FA et al
Filing
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ORDER RESETTING CMC FOR 1/23/14 AT 10:30 AM. Case Management Statement due by 1/16/2014. Further Case Management Conference set for 1/23/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/19/13. (bpfS, COURT STAFF) (Filed on 11/19/2013)
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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
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UNITED STATES DISTRICT COURT
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NORTERN DISTRICT OF CALIFORNIA
KATY SULLIVAN, also known as KATY
MARIE SULLIVAN,
Plaintiff,
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v.
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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 CONTINUING CMC
Date: November 21, 2013
Time: 10:30 a.m.
Dept: 5 - 17th Floor
Judge: Hon. Edward M. Chen
Action Filed:
4/22/09
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TO THE CLERK OF THE ABOVE-ENTITLED COURT:
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Defendants JPMorgan Chase Bank, N.A. (“JPMorgan”), California Reconveyance
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Company (“CRC”) and Bank of America, National Association, as successor by merger to
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LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9
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Trust (“B of A”) (together, “Defendants”), along with plaintiff Katy Sullivan
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(“Plaintiff”)(collectively the “Parties”), hereby submit this Updated Joint Case Management
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Statement.
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1.
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Jurisdiction and Service
Plaintiff has named the following as defendants: WASHINGTON MUTUAL BANK, FA,
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JPMORGAN CHASE BANK, National Association, BANK OF AMERICA, National
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Association, LASALLE BANK, National Association, CALIFORNIA RECONVEYANCE
UPDATED JOINT CASE MANAGEMENT STATEMENT
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COMPANY; and Does 1 through 50, inclusive.
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This court has jurisdiction, because Plaintiff, in the initial complaint, alleges violations of
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the Federal Truth in Lending Act (“TILA”). (See Second Amended Complaint.)
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2.
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Status of the Case and Changes Since Previous Joint Statement:
Plaintiff seeks statutory damages under TILA, as well as general damages. Plaintiff also
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seeks rescission under TILA. According to Plaintiff, Defendants failed to make certain
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disclosures required under the TILA at the time the subject loan was issued to Plaintiff, and
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thereafter. Plaintiff also contends that Defendants falsely represented the nature of the subject
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loan. Defendants deny these allegations and contend that they did not participate in the
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origination process which is the subject of Plaintiff’s legal action. Plaintiffs and Defendants
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entered into a conditional settlement, part of which involved a loan modification, the terms of
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which were established pending Plaintiff's submission of a loan modification application and
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income verification. During this process, Plaintiff lost her job, but was successful in finding new
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employment. Her disclosure materials were again been provided to Defendants and all parties
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believe that the settlement may now proceed. Defendants have provided a set of settlement
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documents (which are to include the new refinancing or loan modification documents), and those
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documents are being revised in response to certain limited comment/requests by Plaintiff. Due to
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the size of the concerned parties and the relative complexity of the documents, they are
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unavoidably still in the drafting process.
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A.
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Defendants may bring a motion for summary judgment pursuant to FRCP 56.
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B.
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The parties have exchanged limited written discovery, however such discovery is
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currently stayed pending the settlement. Discovery, as a result, is not pending as to do so would
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be to expend attorney’s fees hopefully unnecessarily.
Motions:
Discovery:
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C.
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The parties did reach a settlement, conditioned on a loan modification, which, as stated
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Settlement and ADR:
above, is in the drafting process and review by the concerned departments of defendants after
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UPDATED JOINT CASE MANAGEMENT STATEMENT
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review by Plaintiff. All parties believe that the settlement is positioned to go forward; as would
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be expected, it is conditioned on the loan modification documents being readied and in recordable
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form.
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Both parties request a further, thirty (30) day extension to allow Defendants to finalize
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documentation for the already-negotiated settlement. On completion and execution of the
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documentation, this action is to be dismissed.
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Respectfully submitted,
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ALVARADOSMITH
A Professional Corporation
DATED: November 19, 2013
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By: /s/ Theodore E. Bacon
THEODORE E. BACON
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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
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DATED: November 19, 2013
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By: /s/ J. Brian McCauley
J. BRIAN MCCAULEY, ESQ..
Attorneys for Plaintiff,
KATY SULLIVAN
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RT
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NO
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ERED
O ORD D
IT IS S
DIFIE
AS MO
dward M
Judge E
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. Chen
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UNIT
ED
S
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R NIA
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IT IS SO ORDERED that the further CMC is reset from 11/21/13 to 1/23/14
at 10:30 a.m. An updated joint CMC Statement shall be filed by 1/16/14.
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Edward M. ChenTES DISTRICT
C
TA
U.S. District Judge
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UPDATED JOINT CASE MANAGEMENT STATEMENT
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