Owens et al v. Bank of America et al

Filing 27

ORDER Re 26 Joint Stipulation Vacating 1/6/2012 OSC Re Preliminary Injunction; Extension of Defendants' Responsive Pleading Deadline; and Posting of Monthly Bond by Plaintiffs. Signed by Judge Edward M. Chen on 12/30/2011. (emcsec, COURT STAFF) (Filed on 12/30/2011)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

8
9
10
11

JOANN R. OWENS and LARRY M.
12 OWENS
Plaintiffs,

13

Case No. 11-cv-04580-EMC
ORDER

vs.

14

15 BANK OF AMERICA, MARIX

SERVICING, LLC, J.P. MORGAN
16 MORTGAGE ACQUISITION CORP.
and DOES 1-50, inclusive
17

Defendants.

18
19

ORDER

20
21

Pursuant to the Stipulation of the parties, and good cause appearing therein,

22

IT IS HEREBY ORDERED:

23

Defendants J.P. Morgan Mortgage Acquisition Corp., Marix Servicing, LLC,

24 and Bank of America, NA (“Defendants”) on behalf of themselves, their agents and
25 assigns, shall not sell the Subject Property located at 220 Johnstone Drive Marin,
26 California during the pendency of this litigation, and shall take no further foreclosure
27 actions against the Subject Property during the pendency of this litigation;
28
________________________________________________________________________________
678096v1

Plaintiffs shall be required to post a monthly bond in connection with this

1

2 stipulated agreement in the amount of $1,092.85, which shall be deposited by
3 Cashier’s Check into the trust account for McCarthy Holthus, LLP on the first of
4 every month; and

the Order to Show Cause presently set for hearing on January 6, 2012, at 8:30

5

6 a.m. in Court Room 5 of this Court is VACATED.

Defendants’ response to Plaintiffs’ Complaint shall be filed and served by

7

8 counsel for Defendants by January 29, 2012.
9
S

d

14

A

H

ER

FO

Judge E

LI

RT

13

R NIA

ED
_______________________
ORDER
T IS SO
I
Hon. Edward M. Chen
United States M. Chen Judge
District
ward

NO

12

UNIT
ED

12/30
Dated: ________, 2011

11

RT
U
O

10

ISTRIC
ES D
TC
AT
T

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
________________________________________________________________________________
678096v1