Cabrera et al v. Countrywide Home Loans Inc. et al

Filing 69

ORDER: Further Case Management Conference set for 7/12/13 is continued to 9/20/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 7/8/13., Motions terminated: 68 STIPULATION WITH PROPOSED ORDER To Continue Further Case Management Conference filed by Bank of America, Inc., Mila Cabrera, Countrywide Home Loans Inc., Bac Home Loan Servicing LP, Manuel Cabrera. (tfS, COURT STAFF) (Filed on 7/9/2013)

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BROOKS R. BROWN (SBN 250724)
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa St., 41st Floor
Los Angeles, CA 90017
Tel.: [phone]
Fax.: [phone]

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Attorneys for Defendants

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JULIO J. RAMOS (SBN 189944)
[e-mail]
LAW OFFICES OF JULIO J. RAMOS
35 Grove Street, Suite 107
San Francisco, CA 94102
Tel. [phone]
Fax. [phone]

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Attorneys for Plaintiff
[ADDITIONAL COUNSEL LISTED IN SIGNATURE
BLOCK]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MANUEL CABRERA individually and behalf
of the general public and a class of similarly
situated,

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Plaintiffs,

Case No. 3:11-cv-04869-SI
STIPULATION REGARDING REQUEST
TO CONTINUE FURTHER CASE
MANAGEMENT CONFERENCE

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v.
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COUNTRYWIDE HOME LOANS INC. d/b/a
America’s Wholesale Lender; BANK OF
AMERICA INC.; BAC HOME LOAN
SERVICING LP f/k/a Countrywide Home
Loans Servicing LP

Date:
Time:
Courtroom:
Judge:

July 12, 2013
3:00 p.m.
10
Hon Susan Illston
450 Golden Gate Avenue
San Francisco, CA 94102

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Defendants.
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LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

Case No. 3:11-cv-04869-SI

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STIPULATION

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Plaintiff Manuel Cabrera (“Plaintiff” or “Cabrera”), and Defendant Bank of America,

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N.A., successor by merger to BAC Home Loan Servicing LP1 (“Defendant”), (collectively with

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Plaintiff, the “parties”) join in this stipulated request pursuant to Civil Local Rule 7-1 to continue

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the Further Case Management Conference scheduled for Friday July 12, 2013 in order for the

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parties to document their agreed-upon settlement and file an appropriate stipulated dismissal order

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with the Court.
WHEREAS, on September 30, 2011 Plaintiff filed his Class Action Complaint

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(“Complaint”) against Defendant. See Docket No. 1.
WHEREAS, on July 25, 2012 Plaintiff filed his Amended Class Action Complaint

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(“FAC”) against Defendant. See Docket No. 22.
WHEREAS, on August 22, 2012 Defendants filed their Motion to Dismiss the amended

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Complaint (“FAC”). See Docket No. 33.
WHEREAS, on October 30, 2012 the Court issued an order granting in part and denying in

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part Defendants’ Motion to Dismiss the FAC. See Docket No. 40.
WHEREAS, on November 28, 2012 Plaintiff filed his Second Amended Class Action

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Complaint (“SAC”) against Defendant. See Docket No. 43.
WHEREAS, on December 21, 2012 Defendants filed their Motion to Dismiss the SAC.

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See Docket No. 46.
WHEREAS, on April 2, 2013 the Court issued an order granting in part and denying in

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part Defendants’ Motion to Dismiss the SAC. See Docket No. 64.
WHEREAS, on April 16, 2013 Defendants filed an answer to the SAC denying all

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liability. See Docket No. 65.
WHEREAS, on May 6, 2013 the Court issued an order scheduling a Further Case

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Management Conference for July 12, 2013. See Docket No. 67.

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To the extent previously named-defendants Countrywide Home Loans Inc. d/b/a America’s
Wholesale Lender, and “Bank of America Inc.,” have not already been dismissed from this
litigation, they join in this stipulation.
LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Case No. 3:11-cv-04869-SI

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WHEREAS, on June 25, 2013, the parties conducted a mediation before the Hon. David

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Garcia (ret.) and reached an agreement to settle this litigation and dismiss this matter with

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prejudice.

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WHEREAS, the parties are currently drafting the settlement paperwork and anticipate

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filing a stipulation of dismissal with prejudice with the Court within the next sixty (60) days.

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WHERAS there is a strong judicial policy in favor of amicable resolutions through

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settlements and the parties agree that a sixty day continuation of the Further Case Management

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Conference is appropriate in order to allow the parties to complete settlement documentation.

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NOW THEREFORE, by and through their respective counsel of record, the parties hereby

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stipulate and agree that the Further Case Management Conference currently scheduled for July 12,

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2013 be continued for a period of at least sixty (60) days.

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IT IS SO STIPULATED.

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Respectfully submitted,

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Dated: July 3, 2013

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By: /s/ Julio J. Ramos (with Permission)
JULIO J. RAMOS
[e-mail]
LAW OFFICES OF JULIO J. RAMOS
35 Grove Street, Suite 107
San Francisco, CA 94102
Tel. [phone]
Fax. [phone]

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STEVEN M. NUÑEZ (SBN 185421)
[e-mail]
WARD & HAGEN, LLP
440 Stevens Avenue, Suite 350
Solana Beach, CA 92075
Tel. [phone]
Fax. [phone]

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AMY HARRINGTON (SBN 237980)
[e-mail]
LAW OFFICE OF AMY HARRINGTON
35 Grove Street, Suite 117
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff:
Manuel Cabrera

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LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Case No. 3:11-cv-04869-SI

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Dated: July 3, 2013

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By: /s/ Brooks R. Brown
BROOKS R. BROWN
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa St., 41st Floor
Los Angeles, CA 90017
Tel.: [phone]
Fax.: [phone]

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ROBERT B. BADER (SBN 233165)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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MATTHEW S. SHELDON (admitted pro hac vice)
[e-mail]
DANIEL E. ZYTNICK (admitted pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
901 New York Avenue, N.W.
Washington, DC 20001
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendants
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LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Case No. 3:11-cv-04869-SI

[PROPOSED] ORDER

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Upon consideration of the parties’ Joint Stipulation Regarding Request to Continue
Scheduling Conference, IT IS HEREBY ORDERED THAT the Stipulation is GRANTED.

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The July 12, 2013 case management conference is continued for at least sixty (60) days

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pending that parties’ submission of a stipulation of dismissal or some other further submission of

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the parties.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7/8
Dated: __________________, 2013
HON SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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The Case Management conference is continued to 9/20/13 at 3:00 p.m.

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LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Case No. 3:11-cv-04869-SI

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ATTESTATION OF SIGNATURE

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(N.D. Cal. General Order No. 45)

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Pursuant to N.D. Cal. General Order No. 45 § X(B), I hereby attest under penalty of

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perjury that concurrence in the filing of this document has been obtained by all the signatories.

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/s/ Brooks R. Brown
(Signature)

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LIBW/1873058.2

STIPULATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Case No. 3:11-cv-04869-SI

PROOF OF SERVICE

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I certify that this document filed through the ECF system will be sent electronically to the
registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will

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be sent to those indicated as non-registered participants on July 3, 2013.

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/s/ Brooks R. Brown
(Signature)

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LIBW/1873058.2

STIPUTLATION RE: REQUEST TO
CONTINUE CASE MANAGEMENT CONFERENCE

Case No. 3:11-cv-04869-SI