Kurek et al v. Countrywide Home Loans, Inc. et al

Filing 61

ORDER DENYING REQUEST TO CONTINUE TRIAL AND RELATED PRETRIAL DATES re 58 Stipulation filed by Recontrust Company, Mortgage Electronic Registration Systems, Inc., Countrywide Home Loans, Inc.. Signed by Magistrate Judge Bernard Zimmerman on 8/18/2010. (ahy, COURT STAFF) (Filed on 8/18/2010)

Kurek et al v. Countrywide Home Loans, Inc. et al

Doc. 61

1 BRYAN CAVE LLP

Stuart W. Price, California Bar No. 125918 2 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 3 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 4

5 BRYAN CAVE LLP 6 Two Embarcadero Center, Suite 1410 7 San Francisco, CA 94111
Telephone: 8 Facsimile: Email: Stephanie A. Blazewicz, California Bar No. 240359 [phone] [phone] [e-mail]

9

10 BAC HOME LOANS SERVICING, L.P. 11 (erroneously sued as COUNTRYWIDE HOME LOANS, INC.);
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 INC.; RECONTRUST COMPANY, N.A.

Attorneys for Defendants

13 14 15 16 17 BEATA KUREK and CHRISTIAN KUREK, 18 19
v. MORTGAGE ELECTRONIC Plaintiffs, CASE NO.: CV 09-04307 BZ STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND RELATED PRETRIAL DATES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

20 COUNTRYWIDE HOME LOANS, INC.; 21 REGISTRATION SYSTEMS, INC.;
RECONTRUST COMPANY; ANNA KASIA (DBA AMERITECH MORTGAGE) and Defendants.

22 WODKOWSKA; IZT MORTGAGE, INC. 23 DOES 1 through 30, inclusive, 24 25 26 27 28
SF/19900.1

STIPULATION TO CONTINUE TRIAL

CV-09-04307-BZ Dockets.Justia.com

1

This Stipulation is entered into by Plaintiffs BEATA AND CHRISTIAN KUREK

2 ("Plaintiffs") and Defendants COUNTRYWIDE HOME LOANS, INC., MORTGAGE 3 ELECTRONIC REGISTRATION SYSTEMS, INC., RECONTRUST COMPANY, N.A., ANNA 4 WODKOWSKA, AND IZT MORTGAGE, INC. (collectively, "Defendants"). 5
WHEREAS, on March 17, 2010, this Court issued an Order Scheduling Jury Trial and Other

6 Matters, which set the following pretrial schedule: 7 8 9 10 11 12 13 14
Trial Date: Pretrial Conference: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery: Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-Expert Discovery: Monday, February 7, 2011 Tuesday, January 18, 2011 at 4:00 p.m. Wednesday, December 15, 2010 Friday, November 5, 2010 Friday, October 29, 2010 Friday, October 22, 2010 Friday, October 15, 2010

WHEREAS, on April 1, 2010, defendant Anna Wodkowska filed a Motion to Dismiss the First

15 Amended Complaint; 16
WHEREAS, on May 19, 2010, the Court granted the Motion to Dismiss filed by defendant Anna

17 Wodkowska; 18 19
WHEREAS, on June 7, 2010, Plaintiffs filed a Second Amended Complaint; WHEREAS, on June 11, defendants Countrywide Home Loans, Inc., Mortgage Electronic

20 Registration Systems, Inc., and ReconTrust Company, N.A., filed a Motion to Dismiss the Second 21 Amended Complaint; 22
WHEREAS, on June 21, 2010, defendant Anna Wodkowska filed a Motion to Dismiss the

23 Second Amended Complaint; 24
WHEREAS, on June 30, 2010, defendants Countrywide Home Loans, Inc., Mortgage Electronic

25 Registration Systems, Inc., and ReconTrust Company, N.A., substituted in new counsel; 26
WHEREAS, on July 26, 2010, the Court ruled on the motions to dismiss filed by defendants

27 Anna Wodkowska, Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., 28 and ReconTrust Company, N.A.;
SF/19900.1

2
CV-09-04307-BZ

STIPULATION TO CONTINUE TRIAL

1 2

WHEREAS, the parties have scheduled mediation for October 20, 2010; WHEREAS, due to the substitution of counsel, the recent ruling on the motions to dismiss, the

3 necessity of discovery, the continuance of mediation, and the availability of counsel, Plaintiffs and 4 Defendants agree that they need additional time to conduct discovery and prepare for trial; 5
NOW, THEREFORE, Plaintiffs and Defendants desire and hereby STIPULATE to the

6 following trial date and pretrial schedule: 7 8 9 10 11 12 13 14 15 16 17 Dated: August 3, 2010 18 19 20 21 22 Dated: August 16, 2010 23 24 25 26 27 28
SF/19900.1

Trial Date: Pretrial Conference: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery: Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-Expert Discovery:

Monday, June 13, 2011 Tuesday, May 24, 2011 at 4:00 p.m. Wednesday, April 20, 2010 Friday, March 11, 2011 Friday, March 4, 2011 Friday, February 25, 2011 Friday, February 18, 2010

IT IS SO STIPULATED.

LAW OFFICES OF OXANA V. KOXLOV By: /s/ Oxana V. Kozlov Oxana V. Kozlov Attorney for Plaintiffs BEATA KUREK and CHRISTIAN KUREK

BRYAN CAVE LLP

By: /s/ Stephanie A. Blazewicz Stephanie A. Blazewicz Attorneys for Defendants BAC HOME LOANS SERVICING, L.P. (erroneously sued as COUNTRYWIDE HOME LOANS, INC.); MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY, N.A.

3
CV-09-04307-BZ

STIPULATION TO CONTINUE TRIAL

1 2 Dated: August 3, 2010 3 4 5 6 7 8 9 10 11 12 13 14 15
I, Stephanie A. Blazewicz, attest that the content of this document is acceptable to all Dated: August 9, 2010 ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ Todd J. Wenzel Todd J. Wenzel Attorney for Defendant ANNA KASIA WODKOWSKA

CLAPP MORONEY BELLAGAMBA & VUCINICH By: /s/ Joseph W. Strella Joseph W. Strella Attorney for Defendant IZT MORTGAGE, INC. (dba AMERITECH MORTGAGE)

16 persons required to sign the document. 17 18 19 20 21 22 23 24 25 26 27 28
SF/19900.1

/s/ Stephanie A. Blazewicz Stephanie A. Blazewicz

4
CV-09-04307-BZ

STIPULATION TO CONTINUE TRIAL

1

[PROPOSED] ORDER

2 Having reviewed the stipulation of Plaintiffs BEATA AND CHRISTIAN KUREK ("Plaintiffs") 3 and Defendants Countrywide Home Loans, Inc., MORTGAGE ELECTRONIC REGISTRATION 4 SYSTEMS, INC., RECONTRUST COMPANY, N.A., ANNA WODKOWSKA, and IZT 5 MORTGAGE, INC. (collectively, "Defendants"), and good cause appearing, 6
IT IS HEREBY ORDERED THAT the February 7, 2011 trial date is continued until

7 June 13, 2011. The pretrial schedule shall be as follows: 8 9 10 11 12 13 14 15
Trial Date: Pretrial Conference: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery: Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-Expert Discovery: Monday, June 13, 2011 Tuesday, May 24, 2011 at 4:00 p.m. Wednesday, April 20, 2010 Friday, March 11, 2011 Friday, March 4, 2011 Friday, February 25, 2011 Friday, February 18, 2010

IT IS FURTHER ORDERED THAT all other orders and deadlines in this Court's

16 March 17, 2010 Order Scheduling Jury Trial and Other Matters remain in effect. 17 18
August 18, 2010 19 Dated: ____________ ________________________________ Magistrate Judge Bernard Zimmerman United States District Court Northern District of California

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UNIT ED

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SF/19900.1

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