Sullivan v. Washington Mutual Bank FA et al

Filing 131

ORDER RESETTING OSC re 130 Response to Order to Show Cause filed by Katy Sullivan Order to Show Cause Hearing reset for 12/11/2014 01:30 PM.. Signed by Judge Edward M. Chen on 10/31/14. (bpf, COURT STAFF) (Filed on 10/31/2014)

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J. Brian McCauley (SBN 66762)
A Professional Law Corporation
[e-mail]
425 California Street, Suite 1700
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
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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JOINT STIPULATION FOR EXTENSION
OF TIME AND RESPONSE TO ORDER
TO SHOW CAUSE ; ORDER

v.

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Case No. CIV 09 2161 EMC

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.

Date: November 4, 2014
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 (“Plaintiff”)

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(collectively the “Parties”), hereby submit this Joint Stipulation for Extension of Time and

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Response to Order to Show Cause.

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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
STIPULATED EXTENSION OF TIME AND JOINT CASE MANAGEMENT STATEMENT
3962935.1 -- AL109.W383

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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 Settlement 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. Defendants deny the allegations of the Complaint and contend that

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they did not participate in the origination process which is the subject of Plaintiff’s legal action.

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Plaintiff owns a 2 unit condominium which is encumbered by the loan which is the subject
of this litigation. Plaintiff and Defendants have arrived at a conditional settlement which
contemplates the following:

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1)

Plaintiff will deed one of the condo units to Defendant, which will then be sold

and the proceeds paid to Defendant,

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2)

Plaintiff will retain the other unit, and Defendant has agreed to modify the existing

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loan such that the security for that loan will consist solely of a loan on the unit retained by

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Plaintiff.

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The parties have completed the negotiation and drafting of their Settlement Agreement; it

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has been signed by Plaintiff Katy Sullivan and transmitted to Defendants, but is still in the

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process of execution by Defendants. A stipulation for dismissal in accord with the terms of the

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Settlement has been drafted and transmitted along with a form of Order of Dismissal.

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The internal execution processes for Defendants is unfortunately lengthy, and a further

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extension of the Order to Show Cause appearance currently set for November 4, 2014 is hereby

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agreed and stipulated, and this Joint Stipulation is submitted to request an extension to December

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11, 2014.

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Accordingly, it is jointly stipulated and requested by and between the parties that this

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Court set over its current Order to Show Cause appearance to December 11, 2014.

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//

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//

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STIPULATED EXTENSION OF TIME AND JOINT CASE MANAGEMENT STATEMENT
3962935.1 -- AL109.W383

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Respectfully submitted,

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ALVARADOSMITH
A Professional Corporation

DATED: October 30, 2014

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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: October 30, 2014

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By: /s/ J. Brian McCauley
J. BRIAN MCCAULEY, ESQ..
Attorneys for Plaintiff,
KATY SULLIVAN

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Judge E

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UNIT
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R NIA

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IT IS SO ORDERED that the OSC is continued to 12/11/14 at 1:30 p.m.
An updated status report shall be filed by 12/4/14.
___________________
Edward M. Chen ISTRICT C
ES D
AT
T
U.S. District Judge

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STIPULATED EXTENSION OF TIME AND JOINT CASE MANAGEMENT STATEMENT
3962935.1 -- AL109.W383