Panzone v. Wachovia Bank National Association et al

Filing 10

STIPULATION AND ORDER re 5 Stipulation filed by Wells Fargo Bank National Association Case Management Conference reset for 12/1/2010 01:30 PM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/21/10. (bpf, COURT STAFF) (Filed on 10/21/2010)

Panzone v. Wachovia Bank National Association et al

Doc. 10

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A limited liability partnership formed in the State of Delaware

Lisa M. Carvalho (SBN 161420) Email: [e-mail] Renee C. Feldman (SBN 253877) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Wells Fargo Bank, N.A. (for itself and as successor in interest to Defendant Wachovia Bank, N.A.) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MELANIE PANZONE, Plaintiff, vs. WACHOVIA BANK, N.A.; WELLS FARGO BANK, N.A.; and DOES 1 through 10, inclusive, Defendants. No.: CV-10-2720-EMC STIPULATION AND [PROPOSED] ORDER: (1) EXTENDING TIME TO RESPOND TO COMPLAINT, AND (2) CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINE

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REED SMITH LLP

Whereas, Plaintiff Melanie Panzone ("Plaintiff") filed her Complaint on June 22, 2010, but has not yet served the Complaint on Defendant Wachovia Bank, N.A. or Defendant Wells Fargo Bank, N.A. (collectively, "Defendants"); and

Whereas, Plaintiff and Defendants have reached an agreement in principle regarding settlement of this matter, and are working to finalize the documentation of their agreement; and

Whereas, Plaintiff wishes to serve her Complaint within the time limit for service provided by the rules of this Court; and

Whereas, in consideration of the stipulation set forth herein, Defendants have agreed to ­1­
US_ACTIVE-104704952

STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE Dockets.Justia.com

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A limited liability partnership formed in the State of Delaware

accept service (through their counsel) of the Complaint, with service effective October 19, 2010; and

Whereas, Plaintiff and Defendants request that the Court (a) extend Defendants' time to respond to the Complaint, and (b) continue the Initial Case Management Conference and related deadlines in order to allow the parties to finalize the documentation of their settlement, and failing that, to allow Defendants time to respond to the Complaint;

Now, therefore, IT IS HEREBY STIPULATED that an Order may be entered: (1) Extending Defendants' time to respond to the Complaint through and including

December 1, 2010; and Continuing the Initial Case Management Conference from the presently-scheduled at 1:30 p.m. date of November 10, 2010, to December 1, 2010, or as otherwise may be scheduled by the Court. Further, the parties will file their joint Case Management Conference Statement no later than November 24, 2010. The parties agree, and request that the Court confirm, that Defendants' participation in, and filing of, the joint Case Management Statement will neither constitute a response to the Complaint, nor constitute any waiver or forfeiture of any defenses or claims that may be raised by any Defendant at any time and in any manner, whether in a response to the Complaint or otherwise. A joint CMC Statement shall be filed by November 24, 2010. THOMPSON WIGDOR & GILLY LLP By /s/ Lawrence Pearson Lawrence M. Pearson Attorneys for Plaintiff Melanie Panzone (2)

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REED SMITH LLP

DATED: October 19, 2010.

DATED: October 19, 2010.

REED SMITH LLP By /s/ Lisa Carvalho Lisa M. Carvalho Renee Feldman Attorneys for Defendant Wells Fargo Bank, N.A. (for itself and as successor in interest to Defendant Wachovia Bank, N.A.) ­2­
US_ACTIVE-104704952

STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE

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IT IS SO ORDERED.

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A limited liability partnership formed in the State of Delaware

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STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE

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U.S. District Court Magistrate Judge hen rd M. C ge Edwa Jud

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D RDERE IS SO O FIED ____________________________________ IT DI Hon. Edward M. Chen AS MO

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