Sullivan v. Washington Mutual Bank FA et al

Filing 41

STIPULATION AND ORDER EXTENDING MEDIATION DEADLINE to 3/1/10 40 Stipulation filed by Katy Sullivan. Signed by Judge Edward M. Chen on 1/7/10. (bpf, COURT STAFF) (Filed on 1/7/2010)

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J. BRIAN McCAULEY, ESQ. State Bar No. 66762

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San Francisco, CA 94105 Telephone: [phone]

One Market, Steuart Tower, Suite 1600

Law Office of J. Brian McCauley

Facsimile: [phone]

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E-Mail: [e-mail]

Attorney for Plaintiff
KA TY M. SULLIVAN

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THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
KATY SULLIVAN, also known as KATY MARIE SULLIVAN,
Plaintiff,
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CASE NO.: CV 09-2161 EMC
STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION ; ORDER

vs.

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WASHINGTON MUTUAL BANK, FA, )
JPMORGAN CHASE BANK, National )

14 Association, BANK LASALLE BANK, ) OF AMERICA, ) National Association, National Association, CALIFORNIA ) 15
RECONVEYANCE COMPANY; and Does)
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1 through 10, inclusive, )
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Defendants.

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19 This Stipulation is entered into by all of the parties who have appeared before the
20 court in the above entitled action, by and through each of their counsel of record, being J.
21 Brian McCauley, Esq., for Plaintiff Katy Sullivan, and Reginald Roberts, Jr., Esq. of the firm
22 of Adorno Yoss Alvarado & Smith, for Defendants JPMorgan Chase Bank, NA, Bank of

23 America, NA, and California Reconveyance Company.

24 This stipulation is respectfully submitted as an application for extension of time
25 within which to complete mediation, which has been ordered and initially conducted in this

26 action. Request is made pursuant to the ADR Local Rules, including but not limited to

27 Local Rule 6.5.

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STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09.2161 EMC 1

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This application and stipulation is made upon the following facts:
1. Mediation in this matter was conducted after the submittal of Mediation

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Statements by both sides, before Mediator J. Daniel Sharp, on Thursday, December 10,

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2009;
2. The matter was mediated for a half day, but was unsuccessfuL. The

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mediating Defendants requested further information from Plaintiff regarding financial and
income matter; which were agreed to be provided in addition to certain information

provided in preparation for mediation. Such additional information is believed to be
constructive as a result of Plaintiff's very recent engagement to be married; her future
spouse, on information and belief, will supply additional financial strength and is believed to
be willing to make certain commitments regarding performance of a negotiated resolution.

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Plaintiff's fiancé, however, is a French national in military service, and currently (and for the

coming approximate four weeks) is engaged on military assignment in the Middle East. As
a result, obtaining documents to substantiate and augment Plaintiff's available financial
condition is (and has been) in process but such documents have not yet been received.
3. All parties to the mediation and this litigation (except Washington Mutual

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Bank, NA, which has not yet made an appearance in this action as a result of having been

seized and sold pursuant to Federal Deposit Insurance Corp. (FDIC) action) are in favor of

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this application and concur in the request;
4. As a result of the needed period to obtain additional financial documentation

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in a form acceptable to Defendants, all parties request an extension to and including March

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1, 2010 for the completion of mediation before J. Daniel Sharp, appointed mediator.
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STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09.2161 EMC 2

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Respectfully submitted,

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Dated: January 4,2010

Law Offices of J. Brian McCauley

Professional Corporation

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By:

J. Brian McCauley, Esq. Attorney for Plaintiff
KATY SULLIVAN

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Respectfully submitted,
Dated: January 1-, 2010 Adorno Yoss Alvarado & Smith

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By:

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IT IS SO ORDERED:

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ER

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D IS T IC T R

OF

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STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09-2161 EMC 3

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_________________ DERED SO OR Edward M. Chen IT IS U.S. Magistrate Judge n M. Che Edward Judge

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1 2 3 PROOF OF SERVICE I, the undersigned, hereby declare:

I am a citizen of the United States, over 18 years of age, and not a party to the within 4 action. I am employed in the County of San Francisco; my business address is One Market Street, Suite 1600, San Francisco, CA 94105. 5 On January 4, 2010, I served the within: 6 7

STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION

8 on all parties in this action, as addressed below, by causing a true copy thereof to be distributed as follows: 9 J. Daniel Sharp Folger, Levin & Kahn,LLP 10 275 Battery St., 23rd Flr. San Francisco, CA 94121 11 12 [X] 13 14 [ ] 15 16 17 [] BY FAX: BY MAIL: The above referenced documents were personally deposited by me in the U.S. mail with the U.S. Postal Service on the day stated above with U.S., First-class postage thereon fully prepaid. I caused such documents to be transmitted via facsimile to the stated parties at their respective facsimile numbers.

BY EXPRESS CARRIER I caused such documents to be collected by an agent for [company name] to be delivered to the offices of stated parties.

I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Dated: January 4, 2010 20 21 22 23 24 25 26 27 28 29 -1PROOF OF SERIVICE

Brian McCauley