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)

Case3:10-cv-01462-JCS Document5

Filed04/14/10 Page1 of 5

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JOHN M. SORICH (CA Bar No. 125223)
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S. CHRISTOPHER YOO (CA BarNo. 169442) [e-mail] KATHERINE S. AGBAYANI (CA BarNo. 213812) [e-mail] ADORNO YOSS ALVARADO & SMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, California 92707
Tel: [phone]

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Fax: [phone]
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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

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Shan Peterson,

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CASE NO.: CV-IO-1462 JCS
Plaintiff,
STIPULATION TO DEFENDANTS PLEADING TO

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v.

TO

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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

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9, 2010

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Pursuant to Local Rule 6-l(a), defendants JPMorgan Chase Bank, N.A. ("JPMorgan"), an
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acquirer of certain assets and liabilities of Washington Mutual Bank from the Federal Deposit

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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

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
1123125-1

Case3:10-cv-01462-JCS Document5

Filed04/14/10 Page2 of 5

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Home Financial, and plaintiff

Shan Peterson ("Plaintiff'), by and through their respective counsel,

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agree and stipulate as follows:
1. Plaintiff

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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

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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,

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and including, April 27, 2010, to respond to the Complaint filed in this action.

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DATED: April 14,2010

ADORNO YOSS ALVARADO & SMITH A Professional Corporation

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By:
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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

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DATED: April 14,2010
By: lsi Edward 1. LaBarre EDWARD 1. LABARR Attorneys for Plaintiff
SHAN PETERSON

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STIPULA TION TO EXTEND TIME TO RESPOND TO COMPLAINT
1123125.1

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on 31 matter was removed to Case3:10-cv-01462-JCS Document5 Filed04/14/10 Page3 of 5

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to

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S.

KATHERIE
Attorneys for Defendants JPMORGAN CHASE BANK, N.A., ASSETS AND LIABILITIES OF WASHINGTON MUTUAL
ACQUIRER OF CERTAIN

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BANK FROM FEDERAL DEPOSIT

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INSURANCE CORPORATION ACTING RECEIVER.~ .. .. . ..sued as J.P.MORGAN . erroneouslv . ,. .. . CHASE BANK, and CHASE HOME LLC, erroneously sued as CHASE HOME FINANCIAL

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DATED: April

14, 2010

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UNIT ED

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Attorneys for ISTRIC ES D T C SHAN PETERSON AT T
RDERE D
RT U O

Dated: April 15, 2010

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11217073

F D IS T IC T O R

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TIME TO RESPOND TO

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Case3:10-cv-01462-JCS Document5

Filed04/14/10 Page4 of 5

PROOF OF SERVICE
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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

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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),

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addressed as follows:

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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.

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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

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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

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BY THE PRODUCED

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FILING ORSERVICE, THAT THEDOCUMENT WAS RECYCLED.
the original document to the

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o BY FACSIMILE MACHINE: I Tele-Faxed a copy of

facsimile numbers.
o BY OVERNIGHT Express

above

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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.

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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

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the Bar ofthis Court, at

whose direction the service was made.

Executed on April 14, 2010, at Santa Ana, California.

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PROOF OF SERVICE
1122701.

Case3:10-cv-01462-JCS Document5

Filed04/14/10 Page5 of 5

SERVICE LIST
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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: [phone]

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Attorneys for Plaintiff

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PROOF OF SERVICE
1122701.