Yeager et al v. PNC Mortgage

Filing 17

ORDER GRANTING LEAVE TO AMEND (tf, COURT STAFF) (Filed on 6/29/2010)

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John Hendrickson (SBN 257298) Hendrickson Legal Services 703 Second Street, Fourth Floor Santa Rosa, CA 95404 [phone] [phone] - FAX [e-mail] Attorney for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION

STEVEN YEAGER and MARINA LUNA, Plaintiffs, v.

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PNC MORTGATE, a Delaware LLC dba NATIONAL CITY MORTGAGE, and DOES 1 ­ 25, inclusive, Defendants.

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Case No.: 3:10-CV-01195 SI Sonoma Superior Court No.: SCV-246724 STIPULATION FOR LEAVE TO AMEND THE COMPLAINT The Honorable Susan Illston Courtroom 10, 19th Floor

RECITALS TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: WHEREAS, Plaintiffs STEVEN YEAGER and MARINA LUNA (Plaintiffs) filed a California Judicial Council Form Complaint against PNC MORTGAGE (Defendant) for violation of the Truth in Lending Act on February 1, 2010 as case number SCV-246724.

STIPULATION FOR PLAINTIFFS TO AMEND THE COMPLAINT USDC NDCA Case #CV 10-01195 SI

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WHEREAS, Defendant Filed a Notice of Removal with the above entitled Court on March 22, 2010 as case number 4:10-CV-01195 LB. WHEREAS, Defendant Filed a Motion to Dismiss Plaintiffs' Complaint [12(b)(6)] with the above entitled Court on or about March 28, 2010.

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STIPULATION FOR PLAINTIFFS TO AMEND THE COMPLAINT USDC NDCA Case #CV 10-01195 SI

WHEREAS, the parties stipulated to continuing the hearing on Defendant's Motion to Dismiss Plaintiff's Compalint on or about May 18, 2010 and set for hearing on July 16, 2010. WHEREAS, Plaintiffs' California Judicial Council Form Complaint is deficient in making a short and plaint statement of the nature of the Complaint against Defendant. WHEREAS, the parties have mutually stipulated that Plaintiffs be allowed to file a First Amended Complaint. WHEREAS, this stipulation does not waive any of PNC's rights to file a motion to dismiss and/or to strike with respect to the First Amended Complaint. This Stipulation is made by and between Plaintiffs STEVEN YEAGER and MARINA LUNA ("Plaintiffs") and Defendant PNC BANK, NATIONAL ASSOCIATION ("PNC") by and through their respective counsel of record. Plaintiffs and PNC agree to stipulate that Plaintiffs be granted leave to amend their Complaint to be filed with this Court within 15 (fifteen) days of the granting of leave to amend.

DATE: _June25, 2010_____

WOLFE & WYMANN LLP

By: */s/ Joshua M. Bryan Joshua M. Bryan * permission obtained via email approval 6/25/10 Attorneys for Defendant PNC Bank, N.A.

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STIPULATION FOR PLAINTIFFS TO AMEND THE COMPLAINT USDC NDCA Case #CV 10-01195 SI

DATE:_June 28, 2010

HENDRICKSON LEGAL SERVICES

By: /s/ John Hendrickson John Hendrickson, Attorney for Plaintiffs Steven Yeager and Marina Luna

ORDER ON STIPULATION The Court having reviewed the stipulation of Plaintiffs and PNC, and good cause appearing therefore, ORDERS that Plaintiffs are granted leave to amend the Complaint and file Plaintiffs' First Amended Complaint within 15 (fifteen) days of the signing of this order. IT IS SO ORDERED. DATE:______________________ ______________________________________ Judge of the District Court