Whitehurst et al v. Bank of America Corporation et al

Filing 11

ORDER CONTINUING CMC TO 2/11/2010 re 8 Stipulation filed by Richard Whitehurst. Signed by Judge Maria-Elena James on 12/28/2009. (mejlc1, COURT STAFF) (Filed on 12/28/2009)

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John R. Till State Bar No. 178763 Bret A. Stone State Bar No. 190161 Brian R. Paget State Bar No. 168694 Paladin Law Group® LLP 1176 Boulevard Way, Suite 200 Walnut Creek, California 94595 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiffs RICHARD G. WHITEHURST AND LORRAINE D. WHITEHURST

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties, through their counsel of record, hereby stipulate to, and request that the Court enter an order for, a four week continuance of the Initial Case Management Conference in this case. The conference is currently scheduled for Thursday, January 14, 2010 in Courtroom B, on the 15th Floor, in San Francisco, at 10:00 a.m. The parties request that the Court continue the conference to Thursday, February 11, 2010 (the location and time of the conference would remain the same) with corresponding continuances for the various deadlines that flow from the conference date, including, e.g., the deadlines for filing Rule 26(f) Reports, for making initial disclosures, and for filing an Initial Joint Case Management Statement.
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RICHARD G. WHITEHURST AND LORRAINE D. WHITEHURST, as individuals and as trustees of the Whitehurst Family Trust, Plaintiffs, v. BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking corporation; CHARLOTTE A. HEINL, as an individual and dba Norge Cleaners; and DOES 1 through 100, Defendants.

Case No. C09-04808 MEJ STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

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The parties are seeking the continuance of the Initial Case Management Conference because Defendants have not yet answered or otherwise responded to Plaintiffs' First Amended Complaint. Plaintiffs' original Complaint named Bank of America Corporation as a defendant. However, the parties recently determined that Plaintiffs should have named Bank of America, National Association, and not Bank of America Corporation. Plaintiffs thus revised their Complaint, adding Bank of America, National Association, and dropping Bank of America Corporation. Plaintiffs then filed their First Amended Complaint on December 11, 2009. Defendants' deadline to respond to the First Amended Complaint is thus Monday, January 4, 2010.1 The parties believe that it makes the most sense for Defendants to respond to the operative complaint before they attempt to meet-and-confer regarding their initial disclosures, a discovery plan, and their Initial Joint Case Management Statement, and before they produce their initial disclosures and file their Initial Joint Case Management Statement. Accordingly, the parties ask that the Court briefly continue the Initial Case Management Conference in order to afford the parties sufficient time to meet-and-confer, produce their initial disclosures, file their Initial Joint Case Management Conference, and meaningfully participate in the Initial Case Management Conference. WE SO STIPULATE: DATED: December 22, 2009 PALADIN LAW GROUP® LLP /s/ ------------------------­ Brian R. Paget Counsel for Richard and Lorraine Whitehurst DATED: December 22, 2009 REED SMITH LLP /s/ ------------------------­ Todd O. Maiden Counsel for Bank of America, NA DATED: December 22, 2009 BELZER, HULCHIY & MURRAY /s/ ------------------------­ Bruce Cornelius Counsel for Charlotte Heinl
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21 22 23 24 25 26 27 28 Defendant Heinl sought and was given an extension to respond until January 13, 2010.
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S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

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For good cause appearing, the Court hereby orders that the Initial Case Management Conference in this matter is continued from January 14, 2010 in Courtroom B, on the 15th Floor, in San Francisco, at 10:00 a.m., until:

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February 11, 2010, in Courtroom B, on the 15th Floor, in San Francisco, at 10:00 a.m. and that all of the corresponding deadlines flowing therefrom are continued accordingly as provided by the Court's original Order Setting Initial Case Management Conference and ADR Deadlines (filed Oct. 8, 2009).

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_________________________________________________________________ and that all of the corresponding deadlines flowing therefrom are continued accordingly as provided by the Court's original Order Setting Initial Case Management Conference and ADR Deadlines (filed Oct. 8, 2009).

IT IS SO ORDERED. December 28, 2009 DATED: ____________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE MARIA-ELENA JAMES

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S T I P U L A T I O N AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE