Boado et al v. Aurora Loan Services LLC et al

Filing 33

STIPULATION AND ORDER RESETTING MOTION #8 AND CMC to 9/30/11 re 8 MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can be Granted filed by Aurora Loan Services LLC, 32 Stipulation, filed by Aurora Loan Services LLC. Signed by Judge Edward M. Chen on 8/19/11. (bpf, COURT STAFF) (Filed on 8/19/2011)

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SUNNY S. HUO (State Bar No. 181071)
ELENA K. KOUVABINA (State Bar No. 235918)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AURORA LOAN SERVICES LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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11 ARTHUR and EUFRESINA BOADO,
individuals,
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Plaintiffs,
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vs.
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AURORA LOAN SERVICES LLC, a
15 corporation; QUALITY LOAN SERVICE
CORP., a corporation; and DOES 1 through
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Defendants.

Case No.: 3:11-cv-01949-EMC
STIPULATION AND [PROPOSED]
ORDER TO POSTPONE HEARING ON
DEFENDANT AURORA LOAN
SERVICES LLC’S MOTION TO
DISMISS PLAINTIFFS’ COMPLAINT
AND TO POSTPONE CASE
MANAGEMENT CONFERENCE
Hearing Date:
Time:
Courtroom:
Judge:

September 2, 2011
1:30 p.m.
5, 17th Floor
Hon. Edward M. Chen

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STIPULATION AND ORDER
Case No.: 3:11-cv-01949-EMC

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STIPULATION

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Defendant Aurora Loan Service LLC’s (“Aurora”) motion to dismiss Plaintiffs Arthur and

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Eufresina Boado’s complaint is set for hearing for September 2, 2011 at 1:30 p.m. The case

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management conference is scheduled for the same day and time. On July 15, 2011, the parties

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reached an agreement on the principal terms of the loan modification as a means of settling this

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dispute. The loan modification agreement is being processed by Aurora and is expected to be

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ready in early September, 2011. Plaintiffs agree to dismiss this action with prejudice once the

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final loan modification agreement is signed.

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The parties have already requested a continuance of a previously scheduled hearing on

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Aurora’s motion to dismiss and case management conference. While the parties expected that his

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case would be dismissed by September 2, 2011, Aurora has experienced a delay in preparing the

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loan modification agreement due to certain actions that needed to be taken with respect to title

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documents to enable the settlement of the action. The parties’ counsel are closely monitoring the

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advancement of the preparation of the loan modification agreement, and will ensure a prompt

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signing of the agreement and dismissal of this action once the loan modification agreement is

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finalized.

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In light of the above, and in the interest of economy of judicial resources, the parties

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request that the Court postpone the hearing on Aurora’s motion to dismiss and the case

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management conference to September 30, 2011 at 1:30 p.m.

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STIPULATION AND ORDER
Case No.: 3:11-cv-01949-EMC

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DATED: August 18, 2011

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Respectfully submitted,
SEVERSON & WERSON
A Professional Corporation

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By:

/s/ Elena K. Kouvabina
Elena K. Kouvabina

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Attorneys for Defendant
AURORA LOAN SERVICES LLC

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DATED: August 18, 2011

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Respectfully submitted,
LAW OFFICES OF KENNETH R. GRAHAM

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By:

/s/ Kenneth R. Graham
Kenneth R. Graham

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Attorneys for Plaintiffs
ARTHUR AND EUFRESINA BOADO

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STIPULATION AND ORDER
Case No.: 3:11-cv-01949-EMC

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[PROPOSED] ORDER

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For good cause shown, the September 2, 2011 hearing on Aurora Loan Service LLC’s

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motion to dismiss Plaintiffs’ complaint and the Case Management Conference scheduled for the

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same day are vacated. The hearing on Aurora’s motion to dismiss is rescheduled for September

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30, 2011 at 1:30 p.m. The Case Management Conference is rescheduled for the same day, at the

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same time.

A joint CMC Statement shall be filed by September 23, 2011.

August 19, 2011

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NO

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RT

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DERED
SO OR ED
IT IS
I
HON. S MODIF M. CHEN
A EDWARD

UNITED STATES DISTRICT COURT
JUDGE
n
M. Che
Edward
Judge

FO

Date:

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A

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UNIT
ED

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IT IS SO ORDERED.

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N

D IS T IC T
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OF

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STIPULATION AND ORDER
Case No.: 3:11-cv-01949-EMC

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ECF CERTIFICATION

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I, Elena Kouvabina, am the ECF User whose identification and password are being used

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to file this Stipulation and Proposed Order to Postpone Hearing on Aurora’s Motion to Dismiss

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Plaintiffs’ Complaint and to Postpone Case Management Conference. I hereby attest that counsel

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for Plaintiffs, Kenneth R. Graham, concurred in this filing.

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DATED: August 18, 2011

SEVERSON & WERSON
A Professional Corporation

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By:

/s/ Elena Kouvabina
Elena Kouvabina

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Attorneys for Defendant
AURORA LOAN SERVICES LLC

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STIPULATION AND ORDER
Case No.: 3:11-cv-01949-EMC