Mendenhall et al v. JP Morgan Chase Bank, National Association et al

Filing 56

ORDER APPROVING STIPULATION REGARDING WCS LENDING, LLC'S MOTION FOR FEES AND COSTS. Should plaintiffs not pay the agreed upon amount, WCS can file a motion for fees and costs, and the time to file any such motion shall be extended until July 6, 2011. Signed by Judge Maxine M. Chesney on June 2, 2011. (mmclc1, COURT STAFF) (Filed on 6/2/2011)

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TAD A. DEVLIN (SBN: 190355)
[e-mail]
JOSHUA D. WATTS (SBN: 240977)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WCS LENDING, LLC

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TYLER HOLLINGSWORTH (SBN 236459)
HOLLINGSWORTH LAW OFFICES
605 MARKET STREET, STE. 1200
SAN FRANCISCO, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
ELAINE MENDENHALL and JOHN MENDENHALL

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ELAINE MENDENHALL and JOHN
MENDENHALL III

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Plaintiffs,
vs.
JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION; CHASE HOME FINANCE,
LLC; WCS LENDING LLC; TAL
SHPRITZMAN; and DOES 1-20, inclusive,

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Defendants.
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CASE NO. 3:10-CV-05302-MMC
(Alameda Sup. Ct. Case No. HG10548034)
STIPULATION REGARDING WCS
LENDING, LLC’S MOTION FOR FEES
AND COSTS AND ORDER THEREON
Alameda Superior Court Complaint filed:
10/8/2010
Notice of Removal filed: 11/22/2010
First Amended Complaint filed: 3/1/11
First Amended Complaint dismissed with
leave to amend: 4/25/11
Action Dismissed: 5/18/11
Judgment Entered Against Plaintiffs: 5/19/11

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STIPULATION REGARDING WCS LENDING, LLC’S MOTION FOR FEES AND COSTS
CASE NO. C-10-5302 MMC

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Plaintiffs ELAINE MENDENHALL and JOHN MENDENHALL III (“Plaintiffs”) and

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Defendant WCS Lending, LLC (“WCS”) by and through their counsel, hereby stipulate as

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follows:

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WHEREFORE, on April 25, 2011, the Court granted WCS’s motion to dismiss Plaintiffs’

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First Amended Complaint (“FAC”), granted defendants JP Morgan Chase Bank, N.A. and Chase

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Home Finance LLC’s motion to dismiss the FAC, and provided Plaintiffs an opportunity to file a

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Second Amended Complaint by May 13, 2011; and

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WHEREFORE, Plaintiffs did not file a Second Amended Complaint in the time allotted
by the Court and on May 18, 2011, the Court dismissed the action; and
WHEREFORE, on May 19, 2011, final judgment was entered in the action; and

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREFORE, any motion for fees and costs must be filed by WCS, the prevailing

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party, by June 2, 2011 pursuant to Rule 54-1 and 54-5 of the Civil Local Rules of the United

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States District Court, Northern District of California; and

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WHEREFORE, between May 26, 2011 and June 1, 2011, Plaintiffs and WCS, through

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their counsel, met and conferred regarding WCS’s attorney’s fees and costs incurred in

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connection with this action; and

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WHEREFORE, during the meet and confer process, Plaintiffs and their counsel of

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record, Tyler Hollingsworth, reached an agreed upon amount to satisfy WCS’s fees and costs in

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connection with this action, and WCS agreed to not file a motion for fees and costs pending

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receipt of the agreed upon amount; and

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WHEREFORE, the agreed upon amount for WCS’s attorney’s fees and costs is a figure

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reached through compromise and agreement of the parties and does not represent the total

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amount of attorney’s fees and costs incurred by WCS with respect to this litigation and that

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which WCS could seek by motion for attorney’s fees and costs; and

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WHEREFORE, the parties enter into this Stipulation in order to protect WCS’s rights

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with respect to bringing a motion for fees and costs should Plaintiffs and their counsel of record

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not pay the agreed amount to satisfy such obligations; and

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-111
STIPULATION REGARDING WCS LENDING, LLC’S MOTION FOR FEES AND COSTS
CASE NO. C-10-5302 MMC

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WHEREFORE, the parties hereby agree and stipulate that should Plaintiffs and their

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counsel not pay the agreed upon amount, WCS can file a motion for fees and costs after June 2,

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2011 and the time to file any such motion for attorney’s fees and costs shall be extended until

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July 6, 2011.

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WHEREFORE, by this stipulation, the parties respectfully request an order from this

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Court approving the stipulation and extending WCS’s time to file any motion for attorney’s fees

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and costs, if necessary.

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IT IS SO STIPULATED.

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Dated: June 1, 2011

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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GORDON & REES LLP
By:

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/s/ Tad A. Devlin
TAD DEVLIN
JOSHUA D. WATTS
Attorneys for Defendant
WCS LENDING, LLC

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Dated: June 1, 2011

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HOLLINGSWORTH LAW OFFICES
By:

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/s/Tyler Hollingsworth
TYLER HOLLINGSWORTH
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: June 2, 2011
The Honorable Maxine M. Chesney
United States District Court Judge

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ACEW/1066684/9874873v.1

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STIPULATION REGARDING WCS LENDING, LLC’S MOTION FOR FEES AND COSTS
CASE NO. C-10-5302 MMC