Sarique et al v. Bank of America, N.A. et al

Filing 31

STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND CONTINUING THE CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 8/24/2012. Case Management Conference previously set for 4/27/12 at 1:30 PM has been re-set for 8/31/2012 at 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 4/23/12. (klhS, COURT STAFF) (Filed on 4/23/2012)

1 LAW OFFICES OF KENNETH R. GRAHAM
Kenneth R. Graham, SB #216733

2 1575 Treat Blvd., Suite 105
Walnut Creek, CA 94598
[phone]
Facsimile:
[phone]
[e-mail]
4 Email:
Attorneys for Plaintiffs

3 Telephone:

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BRYAN CAVE LLP

6 C. Scott Greene California Bar No. 277445
Andrea M. Hicks, California Bar No. 219836

7 Edward Chung, California Bar No. 256616
333 Market Street, Floor 25

8 San Francisco, CA 94105
Telephone:

[phone]
[phone]
Email:
[e-mail]
andrea.hicks @bryancave.com
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chunge@bryan cave.com
11 Attorneys for Defendants Bank of America, N.A. and PRLAP, Inc.

Bryan Cave LLP
333 Market Street, Floor 25
San FRANCISCO, ca 94105

9 Facsimile:

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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16 SARIQUE, ELGIN AND DAISY, individuals,

Case No. 3:11-cv-03641-JCS

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JOINT STIPULATION EXTENDING
DEFENDANTS’ TIME TO RESPOND TO
COMPLAINT AND CONTINUING THE
CASE MANAGEMENT CONFERENCE

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Plaintiffs,
v.

19 BANK OF AMERICA, N.A. (A.K.A. BANK
OF AMERICA HOME LOANS), a

[L.R. 6-1(a)]

20 Corporation, NATIONAL BANK
ASSOCIATION, a Corporation; PRLAP

21 INC., a Corporation; and DOES 1 through 50,
inclusive,

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Defendants.

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STIPULATION TO EXTEND TIME TO ANSWER

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STIPULATION

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Bryan Cave LLP
333 Market Street, Floor 25
San FRANCISCO, ca 94105

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Defendants Bank of America, N.A. and PRLAP, Inc. (“Defendants”), and Plaintiffs Elgin
Sarique and Daisy Sarique (“Plaintiffs”), by and through their counsel of record, hereby stipulate
and agree as follows:
1.

Defendants Bank of America, N.A. and PRLAP, Inc. removed this matter from

Santa Clara County Superior Court on July 25, 2011.
2.

The parties previously stipulated to four extensions for Defendants to respond to

the Complaint 15 days to August 16, 2011, 60 days to October 17, 2011, 90 days to January 13,
2012 and then another 90 days to April 12, 2012.
3.

The parties continue to look into the possibility of settling this matter through a

loan modification. As of this date, the modification review process is still processing.
4.

In order to continue the current settlement discussions, reduce cost of litigation for

both parties, and potentially unburden the Court’s docket, Plaintiffs grant Defendants an extension
to respond to their Complaint. Thus, instead of responding to the Complaint on January 13, 2012,
the parties agree that Defendants’ time to file and serve their response to the Complaint is
extended 120 days to August 10, 2012.
5.

A Case Management Conference is scheduled for April 27, 2012.

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The parties agree that a Case Management Conference on this date would be

premature in light of current settlement discussions and the fact that Defendants have not yet
responded to the Complaint.
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The parties agree to continue the Case Management Conference to a date after

August 10, 2012, the deadline for Defendants to respond to the Complaint.
8.

The parties believe that the later case management conference will prevent

unnecessary consumption of expense and time to both the parties and judicial resources.
9.

The stipulation will not result in prejudice to any party and its impact on judicial

proceedings is not expected to be significant.
10.

Nothing in this stipulation shall constitute a waiver of any arguments or defenses

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STIPULATION TO EXTEND TIME TO ANSWER

1 that Defendants or Plaintiffs may wish to assert in their pleadings, all of which are expressly
2 reserved.
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IT IS SO STIPULATED.

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7 Dated: April 11, 2012

LAW OFFICES OF KENNETH GRAHAM

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By:

/s/ Kenneth R. Graham
Kenneth R. Graham
Attorney for Plaintiffs
ELGIN SARIQUE and DAISY SARIQUE

Bryan Cave LLP
333 Market Street, Floor 25
San FRANCISCO, ca 94105

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Dated: April 11, 2012

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BRYAN CAVE LLP
C. Scott Green
Andrea Hicks
Edward Chung

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By:

/s/ Edward Chung
Edward Chung
Attorneys for Defendants
BANK OF AMERICA, N.A. and PRLAP, INC.

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STIPULATION TO EXTEND TIME TO ANSWER

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[PROPOSED] ORDER
Having reviewed the stipulation of Plaintiffs ELGIN SARIQUE and DAISY SARIQUE

3 and Defendants BANK OF AMERICA, N.A. and PRLAP, INC. and good cause appearing,
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IT IS HEREBY ORDERED THAT the deadline for Defendants to respond to Plaintiffs’

5 Complaint is extended 120 days from April 12, 2012.
IT IS HEREBY ORDERED that the Case Management Conference is rescheduled to

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pero

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Judge Jo
________________________________
Judge Joseph C. Spero
ER
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United StatesDDistrict Court
IS T RIC T O
Northern District of California

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Bryan Cave LLP
333 Market Street, Floor 25
San FRANCISCO, ca 94105

NO

4/23/12
10 Dated: ____________

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UNIT
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'August 31, 2012
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STIPULATION TO EXTEND TIME TO ANSWER