Sullivan v. Washington Mutual Bank FA et al

Filing 43

STIPULATION AND ORDER RESETTING CMC FROM 2/3/10 TO 3/10/10 re 42 Stipulation filed by JP Morgan Chase Bank, California Reconveyance Company. Signed by Judge Edward M. Chen on 2/1/10. (bpf, COURT STAFF) (Filed on 2/1/2010)

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THEODORE E. BACON (CA Bar No. 115395) [e-mail] PATRICK A. CATHCART (CA BarNo. 65413) [e-mail] AMY L. MORSE (CA Bar No. 092135) [e-mail] REGINALD ROBERTS, JR. (CA Bar No. 216249) [e-mail] ADORNO YOSS ALVARADO & SMITH A Professional Corporation 633 W. Fifth Street, Suite 1100 Los Angeles, CA 90071 Tel: [phone]
Fax: [phone]

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Attorneys for Defendants JPMorgan Chase Bank, N.A., an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC Acting as Receiver, and California Reconveyance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KA TY SULLIVAN, also known as KA TY MARIE SULLIVAN,

CASE NO.: CV 09-2161 EMC

Plaintiff,
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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

v.
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ORDER

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WASHINGTON MUTUAL BANK, FA, JP MORGAN CHASE BANK, National Association, BANK OF AMERICA, National Association, LASALLE BANK, National Association CALIFORNIA RECONVEYANCE COMPANY; and Does 1 through 50, inclusive,

Action Filed: April 22, 2009 California Superior Court, San Francisco

Case No.: CGC 09-487634

Defendants.
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This Stipulation is entered into by all of the parties who have appeared before the Court in
the above entitled action, by and through each of their counsel of

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record, being J. Brian McCauley,

Esq., for Plaintiff

Katy Sullivan, and Reginald Roberts, Jr., Esq. of 1

the firm of Adorno Yoss

JOINT STIPULATION TO CONTIN CASE MANAGEMENT CONFERENCE .CV 09-2161 EMC
2037941

Alvarado & Smith, for Defendants JPMorgan Chase Bank, NA, Bank of America, NA, and
California Reconveyance Company.

This stipulation is respectfully submitted as an application to continue the Further Case
Management Conference to March 5, 2010.

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

by both sides, before Mediator J. Daniel Sharp, on Thursday, December 10,2009;
2. The matter was mediated for a half day, but was unsuccessfuL. The mediating
Defendants requested further information from Plaintiff

regarding financial and income matters;

which were agreed to be requested in addition to certain information provided in preparation for

mediation. Such additional information is believed to be constructive to the settlement process.
3. All parties to the mediation and this litigation (except Washington Mutual 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

this application and

concur in the request;
4. As a result of

the needed period to obtain additional financial documentation in a

form acceptable to Defendants, the Parties submitted, and this Court granted a request for an
extension to and including March 1, 2010 for the completion of mediation before 1. Daniel Sharp,
appointed mediator.
5. The parties now request that the Court Continue the Further Case Management

Conference ("CMC"), currently scheduled for February 3,2010, at 2:30 in Courtroom C or the
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JOINT STIPULATION TO CONTIN CASE MANAGEMENT CONFERENCE
2037941

CV 09-2161 EMC

above-captioned Court, to March 5, 2010. The parties request this continuance of

the CMC in order

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to permit time to complete the mediation process before returning to court for the CMC.

Respectfully submitted,

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Dated: January 29,2010

Law Offices of 1. Brian McCauley
Professional Corporation

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By:

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J. Brian cauley, Esq. Attorney r Plaintiff
KA TY SULLIVAN

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Respectfully submitted,

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Dated; January 29,2010

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By:

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IT IS SO ORDERED that the status conference set for 2/3/10 at 2:30 p.m. is reset to 3/10/10 at 2:30 p.m. An updated joint status conference statement shall be filed by 3/3/10.
ISTRIC ES D TC AT T ____________________

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FO

dwa Judge E

hen rd M. C

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Edward M. Chen RED U.S. MagistrateIJudgeORDE D O IT S S
D AS MO IFIE
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JOINT STIPULATION TO CONTIN CASE MANAGEMENT COj\'FERENCE
2037941

UNIT ED

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CV 09-2161 EMC