Brittain v. IndyMac Bank, FSB et al

Filing 20

STIPULATION AND ORDER extending time to file Amended Complaint. Signed by Judge Samuel Conti on 10/20/09. (tdm, COURT STAFF) (Filed on 10/20/2009)

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REUBEN L. NOCOS, ESQ. [SBN 238011] Nocos Law Firm, A Professional Corporation 1900 S. Norfolk St., Ste. 350 San Mateo, CA 94403 Telephone # [phone] Fax # [phone] [e-mail] Attorneys for Plaintiff ANNABELLA BRITTAIN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION ) Case No.: 3:09-CV-02953-SC ) ) STIPULATION TO EXTEND TIME TO Plaintiff, ) FILE AMENDED COMPLAINT ) ) vs. ) INDYMAC BANK, FSB a business entity, form ) ) unknown; AMERICAN RESIDENTIAL, a ) business entity, form unknown; QUALITY ) ) LOAN SERVICE CORP., a business entity ) form unknown; and DOES 1 through 25, ) inclusive, ) ) Defendants. ) ANNABELLA BRITTAIN Plaintiff, ANNABELLA BRITTAIN and Defendant, ONE WEST BANK, FSB fka

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INDYMAC BANK, FSB ("Defendant") stipulate and agree, by and through their respective counsel that: 1. 2009; A Motion to Dismiss was filed by Defendant set for a hearing on September 11,

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2.

The Court issued an Order on September 8, 2009 asking Defendant to file a Request

for Judicial Notice, deemed the matter submitted at that time and, the September 11, 2009 hearing vacated, with no appearances and oral arguments;
1 Opposition to Motion to Dismiss.

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3.

On September 16, 2009, the Court issued its Order granting Defendants' Motion to

Dismiss and allowing Plaintiff to amend certain causes of action within 30 days of the Order. 4. 5. The First Amended Complaint was due to be filed by October 16, 2009. Plaintiff's counsel has been sick and continues to be sick with the flu and will not be

able to prepare a First Amended Complaint in time.
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Opposition to Motion to Dismiss.

6.

Accordingly, Plaintiff and Defendant, stipulate and agree that Plaintiff will have

until Monday, October, 19, 2009 to file an amended Complaint. IT IS SO STIPULATED. Dated: October 15, 2009 /s/ Reuben L. Nocos Reuben L. Nocos, Esq. Attorney for Plaintiff ANNABELLA BRITTAIN /s/ Matthew Podmenik Matthew Podmenik, Esq. Attorney for Defendant ONE WEST BANK, FSB

Dated:

October 15, 2009

[PROPOSED] ORDER Pursuant to the above Stipulation it is hereby ordered that Plaintiff's First Amended Complaint will be filed by Monday, October 19, 2009.
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