Sullivan v. Chase Home Finance, LLC et al

Filing 78

ORDER continuing cmc to 6/2/10 @ 10:30 a.m. (tf, COURT STAFF) (Filed on 5/4/2010)

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E. Gerard Mannion (State Bar #77287)
g m a n n io n @ s b c g lo b a l.n e t

Wesley M. Lowe (State Bar #111761)
w lo w e @ s b c g lo b a l.n e t

MANNION & LOWE 655 Montgomery Street, Suite 1200 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CHRISTA P.C. SULLIVAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CHRISTA P.C. SULLIVAN, ) ) Plaintiff, ) ) vs. ) ) CHASE HOME FINANCE, LLC, CHASE ) BANK USA f/k/a CHASE MANHATTAN ) MORTGAGE CORPORATION, CHASE ) MANHATTAN BANK USA, N.A., JP ) MORGAN CHASE BANK, ADVANTA ) MORTGAGE CORP. USA, ADVANTA ) NATIONAL BANK, ADVANTA LIFE ) INSURANCE COMPANY, and SWISS RE ) LIFE & HEALTH AMERICA, INC., ) ) Defendants. ) _____________________________________ ) Case No.: C09-02876 SI STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER [PROPOSED]

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Plaintiff Christa P.C. Sullivan ("Plaintiff"), defendant Swiss Re Life & Health America Inc. ("SRLHA"), and defendants Chase Home Finance LC successor by merger to Chase Manhattan Mortgage Corporation and Chase Bank USA, N.A. f/k/a Chase Manhattan Bank USA, N.A. (together "Chase Entities"), by and through their respective attorneys of record, agree and stipulate as follows: 1. WHEREAS, on October 16, 2009, the parties to this action stipulated pursuant to

Civil L.R. 16-9 and ADR L.R. 3-5 to participate in a Private Process ADR in an effort to resolve their disputes. 2. WHEREAS, at the mediation conducted before Justice Laurence Kay (Ret.) of ADR

Services, Inc., the entire case settled. 3. WHEREAS, on April 20, 2010, plaintiff notified the court that the case had settled

and that upon successful completion of their obligations set forth in the Settlement Agreement and Release, the parties will file a Stipulation for Dismissal with Prejudice of the action. 4. WHEREAS, the parties have been engaged in the process of drafting a mutually

agreeable Settlement Agreement and Release and expect to complete this process within the next three weeks. 5. WHEREAS, as set forth in Plaintiff's Notice of Settlement, upon successful

completion of their obligations set forth in the Settlement Agreement and Release, the parties will file a Stipulation for Dismissal with Prejudice of the action. 6. THEREFORE, in view of these developments, Plaintiff, SLHRA and Chase Entities

agree to continue the May 7, 2010 Case Management Conference to June 4, 2010 at 3:00 p.m. in Courtroom 10 or to such other date after June 4, 2010 that is convenient for the Court. The parties /// /// /// /// /// /// 2
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expect that they will be in a position to file a Stipulation for Dismissal with Prejudice of the action before June 4, 2010, in which case the Case Management Conference may be vacated by the Court.

Dated: April 29, 2010

MANNION & LOWE A Professional Corporation By: /s/ Wesley M. Lowe Attorneys for Plaintiff CHRISTA P.C. SULLIVAN

Dated: April 29, 2010

CARROLL, BURDICK & MCDONOUGH LLP By: /s/ Alan P. Jacobus Shay Aaron Gilmore Attorneys for Defendant SWISS RE LIFE & HEALTH AMERICA INC.

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M:\Clients\Sullivan v. Chase, Advanta, et al\Pleadings\Stipulated.Request.CTN.CMC.Final.wpd

Dated: April 29, 2010

ADORNO YOSS ALVARADO & SMITH /s/ John M. Sorich S. Christopher Yoo Attorneys for Defendants CHASE HOME FINANCE LLC, successor by merger to CHASE MANHATTAN MORTGAGE CORPORATION and CHASE BANK USA fka CHASE MANHATTAN BANK N.A.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Date:_________________________ The case management Conference has been continued to 6/2/10 @ ______________________________________________10:30 a.m. Susan Illston United States District Court Judge

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