Lawther v. OneWest Bank, FSB et al

Filing 61

STIPULATION AND ORDER RE 60 TO CONTINUE DATE OF MEDIATION SESSION. Signed by Judge Richard Seeborg on 6/17/11. (cl, COURT STAFF) (Filed on 6/17/2011)

*E-Filed 6/17/11*

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Stephen C. Chuck, Esq. SBN 119612
[e-mail]
Tiffany M. Birkett, Esq. SBN 222390
[e-mail]
Foley & Mansfield PLLP
300 South Grand Ave., Suite 2800
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
ONEWEST BANK, FSB and
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
JOHN T. LAWTHER,

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Plaintiff,
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vs.
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ONEWEST BANK, FSB, a federally)
chartered third; MORTGAGE
)
ELECTRONIC REGISTRATION
)
SYSTEMS, INC., a California corporation,)
and DOES 1-100, inclusive,
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Defendants.
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Case No. 3-10-CV-00054 SC
STIPULATION TO CONTINUE DATE
OF MEDIATION SESSION;
[PROPOSED] ORDER THEREON

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Complaint filed: March 10, 2010

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STIPULATION TO CONTINUE DATE OF MEDIATION SESSION; [PROPOSED]
ORDER THEREON

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TO THE COURT AND ALL PARTIES:

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Whereas on May 20, 2011 the parties, by and through counsel, conferred with

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the assigned mediator in this matter, Val Hornstein. The parties tentatively agreed to

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hold June 29, 30 and July 1, 2011 with a 10:00 a.m. PST start time for a mediation

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session.

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Whereas Defendants OneWest Bank, FSB (“OneWest”) and Mortgage

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Electronic Registration Systems, Inc. (“MERS”) and Defendant Aztec Foreclosure

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Corporation (hereinafter collectively “Defendants”) requested approval to appear via

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telephone at the mediation session in order to ease the burden and expense of

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appearing at the mediation, but were denied.
Whereas due to the denial of the telephonic appearance, OneWest and MERS

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are unable to appear at the currently scheduled date(s) set for mediation due to the fact

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that its representatives are otherwise spread thin at various NACA events across the

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country.

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Whereas Plaintiff’s counsel filed a notice of unavailability for the week of July

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25, 2011, and Defendants learned during the course of scheduling the mediation that

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Plaintiff’s counsel will be unavailable for the period of July 6, 2011 through August 3,

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2011.

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Whereas this Court ordered the parties to complete mediation within one

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hundred and twenty (120) days of April 5, 2011 (or August 3, 2011); however, based

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on the aforementioned scheduling issues the parties are unable to complete mediation

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prior to the currently scheduled mediation cut off date.

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STIPULATION TO CONTINUE DATE OF MEDIATION SESSION; [PROPOSED]
ORDER THEREON

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THEREFORE, the undersigned counsel hereby stipulate and agree as follows:

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1.

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The current mediation cut-off date of August 3, 2011 can be continued to

September 9, 2011.

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DATED: June 16, 2011

FOLEY & MANSFIELD, P.L.L.P.

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BY: /s/ Tiffany M. Birkett
Stephen C. Chuck
Tiffany M. Birkett
Attorneys for Defendants
ONEWEST BANK FSB and
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.

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DATED: June __, 2011
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/s/ BrÉóçå Davás
_____________________________
Breyon Davis
Attorney for Plaintiff

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DATED: June __, 2011

WRIGHT FINLAY & ZAK, LLP

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/s/ Sçåáa PäÉssÉí
_____________________________
Sonia Plesset
Robin Wright
Attorney for Defendant
Aztec Foreclosure Corporation

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IT IS SO ORDERED.

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6/17
DATED:___________, 2011

_____________________________
RICHARD SEEBORG
U.S. DISTRICT JUDGE

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STIPULATION TO CONTINUE DATE OF MEDIATION SESSION; [PROPOSED]
ORDER THEREON