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

Filing 38

STIPULATION AND ORDER re 37 STIPULATION to Continue Case Management Conference on March 8, 2013 filed by Elgin Sarique, Daisy Sarique: Case Management Statement due by 5/3/2013. Case Management Conference set for 5/10/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 2/28/2013. (knm, COURT STAFF) (Filed on 2/28/2013)

1 Kenneth R. Graham, SBN 216733
Nicole R. Henderson, SBN 283434
2 LAW OFFICES OF KENNETH R. GRAHAM
1575 Treat Blvd., Suite 105
3 Walnut Creek, CA 94598
Tel: [phone]
4 Fax: [phone]
Email: [e-mail]
5 Attorneys for Plaintiffs
6 Gerald S. Richelson, SBN 267705
BRYAN CAVE LLP
7 560 Mission, Suite 2500
8 San Francisco, CA 94105
Tel: [phone]
9 Email: [e-mail]
Attorneys for Defendants Bank of America, N.A. and PRLAP, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SARIQUE, ELGIN and DAISY, individuals,

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

Plaintiffs,

Judge: Hon. Joseph C. Spero

v.

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

16

BANK OF AMERICA, N.A. (A.K.A. BANK
17 OF AMERICA HOME LOANS), a
Corporation; NATIONAL BANK
18 ASSOCIATION, a Corporation; PRLAP
INC., a Corporation; and DOES 1 through 50,
19 inclusive,
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DATE: March 8, 2013
TIME: 1:30 p.m.
CTRM: G, 15th Floor

Defendants.
JOINT STIPULATION
Plaintiffs ELGIN SARIQUE and DAISY SARIQUE and Defendants BANK OF

23 AMERICA, N.A., NATIONAL BANK ASSOCIATION, and PRLAP INC. by and through their
24 respective counsels, jointly stipulate as follows:
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WHEREAS, on June 22, 2011, Plaintiffs filed a Complaint against Defendants;

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WHEREAS, an agreement was entered into between Plaintiffs and Defendant Bank of

27 America, N.A. on November 7, 2012 in which Defendant Bank of America offered and Plaintiffs
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

1 agreed that Plaintiffs would make three monthly trial payments starting on December 1, 2012, at
2 the end of which it was anticipated that Defendant Bank of America, N.A. would offer Plaintiffs a
3 final loan modification;
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WHEREAS, Plaintiffs made all three trial payments and now await the final loan

5 modification from Defendant Bank of America, N.A.;
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WHEREAS, Plaintiffs intend to dismiss this action upon the signing of the final loan

7 modification by Plaintiffs and Defendant Bank of America, N.A.;
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WHEREAS, the parties have agreed to continue the Case Management Conference set for

9 March 8, 2013 at 1:30 p.m. in courtroom G of the United States District Court, Northern District
10 of California and request an extension of at least 60 days, or as the Court sees fit;
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NOW IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and

12 Defendants, through their undersigned counsels of record,
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1. The Case Management Conference set for March 8, 2013 is to be postponed for at least

14 60 days, or as the Court sees fit;
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2. The parties’ service on one another by electronic mail will constitute hand service.

16 IT IS SO STIPULATED.
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Dated: February 12, 2012

LAW OFFICES OF KENNETH R. GRAHAM

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/s/ Nicole R. Henderson

By:

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Nicole R. Henderson
Attorney for PLAINTIFFS

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23 Dated: February 12, 2012

BRYAN CAVE LLP

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By:

/s/ Gerald S. Richelson
Gerald S. Richelson
Attorneys for Defendants BANK OF
AMERICA, N.A. and PRLAP, INC.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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Having reviewed the Joint Stipulation of Plaintiffs ELGIN SARIQUE and DAISY

3 SARIQUE and Defendants BANK OF AMERICA, N.A., NATIONAL BANK ASSOCIATION,
4 and PRLAP INC., and for good cause shown, the Court hereby orders:
The Case Management Conference set for March 8, 2013 to be continued for at least 60

S
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UNIT
ED

_______________
8 Dated: February 28, 2013

Honorable Joseph C. Spero

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May 10, 2013
6 days, to be set on ___________________.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER