Peterson v. Washington Mutual Bank et al

Filing 7

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT. Signed by Judge Joseph C. Spero on 4/15/10. (klh, COURT STAFF) (Filed on 4/15/2010)

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Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page1 of 5 1 JOHN M. SORICH (CA Bar No. 125223) j sorich@adorno.com 2 , j. 4 5 S. CHRISTOPHER YOO (CA BarNo. 169442) cyoo@adorno.com KATHERINE S. AGBAYANI (CA BarNo. 213812) kagbayani@adorno.com ADORNO YOSS ALVARADO & SMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Tel: (714) 852-6800 6 Fax: (714) 852-6899 7 8 9 10 11 VJ Cd ti : 12 13 Attorneys for Defendants JPMORGAN CHASE BANK, N.A., AN ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER, erroneously sued as lP.MORGAN CHASE BANK, and CHASE HOME FINANCE LLC, erroneously sued as CHASE HOME FINANCIAL 0_ o~ ", ~ ~j UNITED STATES DISTRICT COURT 14 ~~ :t ..;. ;: ~ ;o," NORTHERN DISTRICT OF CALIFORNIA 15 ~ig ~ u~ 0 z '" 16 0 ~ 0 Shan Peterson, 17 CASE NO.: CV-IO-1462 JCS Plaintiff, STIPULATION TO DEFENDANTS PLEADING TO 18 v. TO 19 20 21 Washington Mutual Bank and J.P.Morgan Chase Bank and Chase Home Financial, Defendants. COMPLAINT EXTEND TIME FOR FILE A RESPONSIVE PLAINTIFF'S (Local Rule 6-1(a)) Action Filed: February 1 22 23 9, 2010 24 25 Pursuant to Local Rule 6-l(a), defendants JPMorgan Chase Bank, N.A. ("JPMorgan"), an , acquirer of certain assets and liabilities of Washington Mutual Bank from the Federal Deposit 26 27 28 Insurance Corporation (FDIC") acting as Receiver, erroneously sued as lP.Morgan Chase Bank, and Chase Home Finance LLC ("Chase" and collectively "Defendants"), erroneously sued as Chase 1 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT 1123125-1 Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page2 of 5 1 Home Financial, and plaintiff Shan Peterson ("Plaintiff'), by and through their respective counsel, '")" agree and stipulate as follows: 1. Plaintiff ,. j 4 5 filed his Complaint in this action in state court on or about February 19, 2010. Defendants' counsel agrecd to accept service of the Summons and Complaint by signing a Notice and Acknowledgment of Rcccipt of same on behalf of JPMorgan on March 16,2010 and on 6 7 8 behalf of Chase on March 31,2010. This matter was removed to the United States District Court, Northern District on or about April 6, 2010. 2. Pursuant to Local Rule 6-l(a), thc parties stipulate that Defendants shall have up to, 9 and including, April 27, 2010, to respond to the Complaint filed in this action. 10 11 :i o( DATED: April 14,2010 ADORNO YOSS ALVARADO & SMITH A Professional Corporation 12 13 !: :E VJ ga: ~j By: 14 15 ~~ ~ ;: ~ -t ~l~ V : o~ ;," 0 z '" 0 0 16 17 18 19 ~ 20 21 JOHN M. SORICH S.CHRISTOPHER YOO KATHERINES. AGBAYANI Attorneys for Defendants JPMORGAN CHASE BANK, N.A., AN ACQUIREROFCERTAIN ASSETSAND LIABILITIES OF WASHINGTON MUTUAL BANKFROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER, erroneously sued as J.P.MORGAN CHASE BANK, and CHASE HOME FINANCE LLC, erroneously sued as CHASE HOME FINANCIAL ~' 22 23 DATED: April 14,2010 By: lsi Edward 1. LaBarre EDWARD 1. LABARR Attorneys for Plaintiff SHAN PETERSON 24 25 26 27 28 STIPULA TION TO EXTEND TIME TO RESPOND TO COMPLAINT 1123125.1 2 1 on 31 matter was removed to Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page3 of 5 2 3 4 5 6 to 7 8 9 10 11 S. KATHERIE Attorneys for Defendants JPMORGAN CHASE BANK, N.A., ASSETS AND LIABILITIES OF WASHINGTON MUTUAL ACQUIRER OF CERTAIN 12 13 BANK FROM FEDERAL DEPOSIT 14 15 INSURANCE CORPORATION ACTING RECEIVER.~ .. .. . ..sued as J.P.MORGAN . erroneouslv . ,. .. . CHASE BANK, and CHASE HOME LLC, erroneously sued as CHASE HOME FINANCIAL 16 17 18 DATED: April 14, 2010 19 20 21 UNIT ED S Attorneys for ISTRIC ES D T C SHAN PETERSON AT T RDERE D RT U O Dated: April 15, 2010 25 ER N 28 11217073 F D IS T IC T O R 2 TIME TO RESPOND TO A C LI FO seph Judge Jo C. Sper o R NIA OO IT IS S NO RT H Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page4 of 5 PROOF OF SERVICE 2 ,. j 4 5 STATE OF CALIFORNIA, COUNTY OF ORANGE Shan Peterson v. Washington Mutual Bank and JPMorgan Chase Bank, et al. USDC Case No.: CV-IO-1462 JCS I am employed in the County of Orange, State of California. I am over the age of 18 years and not a party to the within action. My business address is ADORNO YOSS ALVARADO & SMITH, 1 MacArthur Place, Santa Ana, CA 92707. On April 14,2010, I served the foregoing EXTEND TIME FOR DEFENDANTS TO PLAINTIFF'S COMPLAINT 6 7 8 described as STIPULATION TO FILE A RESPONSIVE PLEADING TO document on the interested parties in this action. Il by placing the original andlor a true copy thereof enclosed in (a) sealed envelope(s), 9 addressed as follows: 10 11 E o( SEE ATTACHED SERVICE LIST Il BY REGULAR MAIL: I deposited such envelope in the mail at 1 MacArthur Place, Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. 12 13 !; 0 0 ~ '" :i I am "readily familiar" with the firm' s practice of collection and processing correspondence for mailing. It is depositcd with the U.S. Postal Service on that same day in the ordinary course of business. lam aware that on motion of the party served, service is presumed invalid .. ;.J " 14 15 if postal cancellation datc or postage meter date is more than one (1) day after date of deposit for mailing in affdavit. ACT OF ON PAPER PURCHASED AS 0 ~ 0 z '" 0 0 ui ui BY THE PRODUCED 16 17 18 FILING ORSERVICE, THAT THEDOCUMENT WAS RECYCLED. the original document to the ~ o BY FACSIMILE MACHINE: I Tele-Faxed a copy of facsimile numbers. o BY OVERNIGHT Express above 19 MAIL: I deposited such documents at theOverniteExpress or Federal Drop Box locatcd at 1 MacArthur Place, Santa Ana, California 92707. The envelope was deposited with delivery fees thereon fully prepaid. 20 21 o BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand addressee( s). Il (Federal) I declare that I am employed in the offce of a member of to the above 22 23 the Bar ofthis Court, at whose direction the service was made. Executed on April 14, 2010, at Santa Ana, California. 24 25 26 27 28 PROOF OF SERVICE 1122701. Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page5 of 5 SERVICE LIST 2 j ,. Shan Peterson v. Washington Mutual Bank and lP.A1organ Chase Bank, et al. DC Case No.: CV-IO-1462 JCS US Edward J. LaBarre, Esq. 3030 Bridgeway, Suite 219 Sausalito, CA 94965 Telephone: (415) 246-6153 4 5 Attorneys for Plaintiff 6 7 8 9 10 11 VJ Cd ti : 12 13 0:_~ i ~j ~" " i- i ;: z ..;. .-c 14 15 ;: " 0 '" iP z 0 0 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1122701.

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