Sutcliffe et al v. GMAC Mortgage

Filing 26

STIPULATION AND ORDER RESETTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE re 22 Stipulation, filed by Connie Sutcliffe, Russell Sutcliffe. Signed by Judge James Larson on 3/31/10. (jlsec, COURT STAFF) (Filed on 3/31/2010)

Case3:10-cv-00138-JL Document22

Filed03/30/10 Page1 of 3

1 Sean P. Reis (SBN: 184044) Edelson McGuire LLP 2 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 3 Tel: [phone] Fax: [phone] [e-mail] 5 Counsel for Plaintiff and the Putative Class 6 [additional counsel appear on signature page] 7 8 9 10 RUSSELL and CONNIE SUTCLIFFE, 11 individuals, and on their own behalf and on behalf of all others similarly situated, 12 13 14 15 16 17 18 19 20 21 22 23 The Parties, being in agreement, stipulate, pending the approval of this Court, to an Order 24 resetting the hearing date on Defendant GMAC Mortgage's Motion to Compel Arbitration and 25 Stay Proceedings ("Motion to Compel Arbitration"), presently scheduled for March 31, 2010 at 26 9:30 a.m. as follows: 27 1. The Motion to Compel Arbitration has been fully briefed, and the Court's docket v. GMAC MORTGAGE, Defendant. Plaintiffs, CLASS ACTION Case No.: C10-001380JL The Honorable James Larson JOINT STIPULATION AND [PROPOSED] ORDER RESETTING HEARING DATE FOR DEFENDANT GMAC MORTGAGE'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS AND EXTENDING TIME TO ANSWER OR OTHERWISE PLEAD Hearing Date: March 31, 2010 Time: 9:30 a.m. Place: Courtroom F, San Francisco UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

28 reveals that oral argument remains on the Court's schedule.
Joint Stipulation and [Proposed] Order to Continue Hearing and Extend Time to Answer or Otherwise Plead

Case No. C10-00138-JL

Case3:10-cv-00138-JL Document22

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2. 27, 2010. 3.

The Parties respectfully request this Court continue the hearing to a date after April

This request is made at Plaintiffs' counsel's request due to the Jewish holiday of

Passover and the birth of Plaintiff's California counsel's first child. It is not being made for the purposes of delay. 4. Counsel for GMAC Mortgage does not oppose Plaintiffs' counsel's request to

reschedule the hearing on GMAC Mortgage's Motion to Compel Arbitration. 5. GMAC Mortgage requests an order extending the time for GMAC Mortgage to

answer or otherwise plead to the Complaint. GMAC Mortgage's deadline to answer or otherwise plead to any claims that survive its Motion to Compel Arbitration should be set no later than twenty-one (21) days following a decision by this Court on the Motion to Compel Arbitration. 6. Counsel for Plaintiff does not oppose GMAC Mortgage's request for an order

14 extending GMAC Mortgage's deadline to answer or otherwise plead. 15 IT IS HEREBY AGREED: 16 17 By: /s/ Sean Reis, Esq. By: /s/ Thomas J. Cunningham Esq. Locke Lord Bissell & Liddell LLP 400 Capitol Mall, Suite 1460 Sacramento, CA 95814 916-554-0240 (phone) 916-554-5440 (fax) [e-mail] Simon A. Fleischmann Locke Lord Bissell & Liddell LLP 111 South Wacker Drive Chicago, IL 60606 312-443-0462 (phone) 312-896-6472 (fax) [e-mail] Daniel Anthony Solitro Locke Lord Bissell & Liddell LLP 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 213-485-1500 (phone) 213-485-1200 (fax) [e-mail]
Case No. C10-00138-JL

Edelson McGuire, LLP 18 One of Plaintiff's Attorneys 30021 Tomas Street, Suite 300 19 Rancho Santa Margarita, CA 92688 714-352-5200 (phone) 20 714-352-5201 (fax) [e-mail] 21 22 David C. Parisi (SBN: 162248) Suzanne L. Havens Beckman 23 Parisi & Havens LLP 15233 Valleyheart Drive 24 Sherman Oaks, CA 91403 25 Phone: [phone] Fax: [phone] [e-mail] 27 28
Joint Stipulation and [Proposed] Order to Continue Hearing and Extend Time to Answer or Otherwise Plead

Case3:10-cv-00138-JL Document22

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1 2 3 IT IS HEREBY ORDERED: 4 A. The March 31, 2010 at 9:30 a.m. hearing on GMAC Mortgage's Motion to Compel [PROPOSED] ORDER

5 Arbitration is VACATED; 6 B. The hearing date on GMAC Mortgage's Motion to Compel Arbitration is Re-set to

7 April 28, 2010 at 9:30 a.m.; and 8 C. GMAC Mortgage's deadline is re-set. GMAC Mortgage shall answer or

9 otherwise plead to any claims that survive the Motion to Compel Arbitration no later than twenty10 one (21) days following a decision by this Court on the Motion to Compel Arbitration. 11
D. Case Management Conference continued to April 28, 2010 at 10: 30 a.m.

12 Dated this _______ day of March, 2010 31st 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Joint Stipulation and [Proposed] Order to Continue Hearing and Extend Time to Answer or Otherwise Plead

ENTERED: ________________________________ Judge Judge's No.
James Larson United States Magistrate Judge

Case No. C10-00138-JL