Mitchell v. Routh Crabtree Olsen, P.S. et al

Filing 43

ORDER GRANTING 42 STIPULATION to Continue Case Management. Case Management Statement due by 5/18/2012. Case Management Conference set for 5/25/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 3/5/12. (jjoS, COURT STAFF) (Filed on 3/5/2012)

Case3:11-cv-03577-JSW Document42 Filed03/02/12 Page1 of 3

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R. Mitchell (SBN 172664)
Attorney at Law
1300 Clay Street Suite 600
Oakland, CA 94612
510.836.2097 (ph)/510.380.6431 (fax)
Attorney for Plaintiff

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JERID R. MAYBAUM (SBN 190846)
JANE E. RANDOLPH (SBN 136865)
JACKS & MAYBAUM LLP
811 Wilshire Boulevard, Suite 975
Los Angeles, CA 90017
Tel: [phone]/Fax: [phone]
Attorneys for Defendants
ROUTH, CRABTREE OLSEN and
EDWARD T. WEBER

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Bernard Mitchell, S. Raye Mitchell, as

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Trustee of The BSM Living Trust
Plaintiffs,

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vs.

Civil Case No.: C11-03577 JSW ADR
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

Routh Crabtree Olsen, P.S., form of entity

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unknown, Edward T. Weber, an individual, Date action Filed: July 21, 2011
First Amended Complaint: February 10, 2012
Regional Trustee Services Corporation, a
Trial Date: Not Set.
California corporation, Deutsche Bank

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National Trust Company, as Trustee of the

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Asset Securitization Trust 2007-A8

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Mortgage Pass through Certification Series

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2007-11 Under Pooling and Servicing

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Agreement Dated June 1, 2007, its Assigns

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and/or Successors of Interest, One West

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Bank, FSB, and Does 1-10.

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Defendants.

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_______________________________________________________________________________________________________
Stipulation to Continue Case Management Conference 1

Case3:11-cv-03577-JSW Document42 Filed03/02/12 Page2 of 3

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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It is stipulated by and between the parties, Bernard S. Mitchell and S. Mitchell, Trustee, the BSM

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Living Trust, Plaintiffs (‘Plaintiffs”) and Routh Crabtree and Olsen LLP, and Edward Weber

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Defendants (“Defendants”), as follows:

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1. Plaintiffs filed a First Amended Complaint on February 10, 2012 adding new claims and new
parties.

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2. Defendants filed a Motion to Strike and a Motion to Dismiss on February 27, 2012, with a

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hearing date set for April 27, 2012.

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3. The remaining defendants have not yet appeared and may not appear before March 30, 2012.

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It is anticipated that one or more of the new defendants will file motions upon their first

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appearances.

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4. The parties contend that it would be prudent to request a continuance of the initial case

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management conference from March 30, 2012 to May 25, 2012, or a date thereafter that the

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Court deems is suitable.

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5. The parties request the continuance to permit Defendants’ motion to be ruled upon and to

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permit an appearance by the remaining defendants.

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6.

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In addition, Raye Mitchell, counsel for plaintiffs, has a business related appearance out of

the state on March 30, 2012 that creates a calendar conflict.

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7. If the court is not available on May 25, 2012 the parties are also available for a further case

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management conference at a later date.

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_______________________________________________________________________________________________________
Stipulation to Continue Case Management Conference 2

Case3:11-cv-03577-JSW Document42 Filed03/02/12 Page3 of 3

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IT IS SO STIPULATED

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DATED:

March 1, 2012

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By: /s/ Raye Mitchell
Raye Mitchell
Attorney for Plaintiff
BERNARD MITCHELL AND S.
MITCHELL, TRUSTEE

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JACKS & MAYBAUM LLP
By: /s/ JERID R. MAYBAUM
JERID R. MAYBAUM, ESQ.
JANE E. RANDOLPH, ESQ.
Attorneys for Defendants
ROUTH CRABTREE OLSEN, P.S.
and EDWARD T. WEBER

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GOOD CAUSE APPEARING THEREFOR,

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The initial case management conference is continued from March 30, 2012 to April 27, 2012
May 25, 2012 at 1:30 p.m.

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IT IS SO ORDERED.

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March 5, 2012
DATED: ____________________

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HONORABLE JEFFERY S. WHITE
UNITED STATES DISTRICT JUDGE

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_______________________________________________________________________________________________________
Stipulation to Continue Case Management Conference 3