Shaterian v. Wells Fargo Bank National Association et al

Filing 78

STIPULATION AND ORDER Case Management Conference set for 11/29/11 is continued to 2/10/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 11/22/11. (tdm, COURT STAFF) (Filed on 11/22/2011)

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Christopher A. Carr (#44444)
[e-mail]
Viddell Lee Heard (#175049)
[e-mail]
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
199 S. Los Robles Ave., Suite 600
Pasadena, California 91101-2459
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank Southwest, N.A.,
f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NADER SHATERIAN,

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Plaintiff,
vs.

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WELLS FARGO BANK, NATIONAL
ASSOCIATION; CAL-WESTERN
RECONVEYANCE CORPORATION;
and DOES 1-50, Inclusive
Defendants.

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CASE NO. C 11-00920-SC
[Assigned to the Honorable Judge Samuel Conti]
STIPULATION AND ORDER FOR
CONTINUANCE OF NOVEMBER 29, 2011
CASE MANAGEMENT CONFERENCE
Date: to be reset
Time: to be reset
Courtroom: 1

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By this stipulation, the parties to this action request that the Court continue the Case

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Management Conference in this action, currently scheduled for November 29, 2011, for

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approximately 60 days.

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The reasons for this request are as follows. First, the parties have recently been having

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productive discussions regarding a potential settlement, and would like to direct their energies

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toward those discussions in advance of the Case Management Conference. Second, the parties are

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continuing to analyze the Court’s November 7, 2011 Order regarding the motion to dismiss and to

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determine the Order’s effect on various case management and settlement issues. Third, defendant
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STIPULATION AND ORDER EXTENDING OPPOSITION AND REPLY DUE DATES
ON MOTION TO DISMISS AND MOTION TO STRIKE

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Cal-Western Reconveyance Corporation filed a Declaration of Non-Monetary Status prior to the

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case being removed to Federal Court. Plaintiff contends that this Declaration was not effective to

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make Cal-Western a Nominal Party, because the case was removed to Federal Court before 15 days

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had passed from the date the Declaration was filed, and Plaintiff subsequently filed an Objection to

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the Declaration of Non-Monetary Status (Doc #15). Cal-Western filed a Reply to this opposition

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(Doc. #36), but the Court has not ruled as to whether Cal-Western is or is not a nominal party.

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Fourth, Nicole Neff of the Wright Finley firm, counsel for defendant Cal Western, is on her

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honeymoon until November 30, and it is desired that she participate in the conference and the

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parties’ other discussions.
STIPULATION

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Plaintiff Nader Shaterian (“Plaintiff”) and Defendants Wells Fargo Bank, N.A. and Cal-

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Western Reconveyance Corporation, by and through their respective counsel, hereby stipulate and

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request this Court continue the Case Management Conference currently scheduled for November

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21, 2011 for approximately 60 days, with a corresponding continuance for the filing of a joint Case

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Management Statement.

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Dated: November 21, 2011

ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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By: /s/ Viddell Lee Heard
Viddell Lee Heard
Attorneys for Defendant Wells Fargo
Bank, National Association
BLOOMFIELD LAW GROUP, INC.
A Professional Corporation

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By: /s/ Neil Jon Bloomfield
Neil Jon Bloomfield
Attorneys for Plaintiff Nader Shaterian
WRIGHT, FINLAY & ZAK, LLP
By: /s/ Nicole K. Neff
Nicole K. Neff, Esq.
Attorneys for Defendant Cal-Western
Reconveyance Corporation
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STIPULATION AND ORDER EXTENDING OPPOSITION AND REPLY DUE DATES
ON MOTION TO DISMISS AND MOTION TO STRIKE

DECLARATION OF CONSENT

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty

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of perjury that concurrence in the filing of this document has been obtained from the above-listed

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counsel for Defendants Wells Fargo Bank, N.A. and Cal-Western Reconveyance Corporation

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Dated: November 21, 2011

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/s/ Viddell Lee Heard
Viddell Lee Heard

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STIPULATION AND ORDER EXTENDING OPPOSITION AND REPLY DUE DATES
ON MOTION TO DISMISS AND MOTION TO STRIKE

ORDER

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED that the Case

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2/10
Management Conference currently scheduled for November 21, 2011 is continued to __________,

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2012 at 9:00 a.m.

10:00

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Judge S

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Samuel IConti RD
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United States District Judge
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11/22/12
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Dated:

UNIT
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D IS T IC T O
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STIPULATION AND ORDER EXTENDING OPPOSITION AND REPLY DUE DATES
ON MOTION TO DISMISS AND MOTION TO STRIKE

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CERTIFICATE OF SERVICE

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I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I
am employed in the City of Pasadena, California; my business address is Anglin, Flewelling,
Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena,
California 91101-2459.

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On the date below, I served a copy of the following documents entitled:

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STIPULATION AND ORDER FOR CONTINUANCE OF NOVEMBER 29, 2011
CASE MANAGEMENT CONFERENCE

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on all interested parties in said case addressed as follows:
Served Electronically Via The Court’s CM/ECF System:
Counsel for Plaintiff

Counsel for Defendant,

Neil Jon Bloomfield, Esq.
Randall L. Hornibrook, Esq.
BLOOMFIELD LAW GROUP, INC.
901 E. St., Ste. 100
San Rafael, CA 94901

CAL-WESTERN RECONVEYANCE
CORPORATION

Tel: [phone] Fax: [phone]
[e-mail]

Robin Prema Wright, Esq.
Nicole K. Neff, Esq.
WRIGHT, FINLAY & ZAK, LLP
4665 MacArthur Ct., Ste. 280
Newport Beach, CA 92660
Tel: [phone] Fax: [phone]
[e-mail]
[e-mail]

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BY MAIL: By placing the envelope for collection and mailing following our ordinary
business practices. I am readily familiar with the firm’s practice of collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal Service in
Pasadena, California, in sealed envelopes with postage fully thereon.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. I declare that I am employed in the office of a member of the Bar
of this Court at whose direction the service was made. This declaration is executed in Pasadena,
California, on November 21, 2011.

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Christine L. Daniel
(Print name)

/s/ Christine L. Daniel
(Signature)

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CERTIFICATE OF SERVICE