Meadows v. First American Trustee Servicing Solutions, LLC et al

Filing 16

STIPULATION AND ORDER CHANGING TIME PURSUANT TO CIVIL L.R. 6-2. Motion Hearing set for 2/2/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/20/11. (cl, COURT STAFF) (Filed on 12/20/2011)

*E-Filed 12/20/11*
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MARK D. LONERGAN (State Bar No. 143622)
EDWARD R. BUELL III (State Bar No. 240494)
M. ELIZABETH HOLT (State Bar No. 263206)
E-mail: [e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Wells Fargo Bank, N.A. and
Bank of America, N.A.

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SHIRLEY HOCHAUSEN (State Bar No. 145619)
KEITH OGDEN (State Bar No. 273129)
COMMUNITY LEGAL SERVICES IN EAST PALO ALTO
2117 B University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

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ROBERT F. KANE (State Bar No. 71407)
E-mail: [e-mail]
LAW OFFICES OF ROBERT F. KANE
870 Market Street, Suite 1128
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Randy Meadows

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

20 RANDY MEADOWS,

Case No. 3:11-CV-05754-RS

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STIPULATED REQUEST FOR ORDER
CHANGING TIME PURSUANT TO
CIVIL L.R. 6-2; [PROPOSED] ORDER

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Plaintiff,
vs.

23 FIRST AMERICAN TRUSTEE SERVICING
SOLUTIONS, LLC; WELLS FARGO BANK;
24 and BANK OF AMERICA,
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Hearing Date:
Time:
Courtroom:
Judge:

December 29, 2011
1:30 p.m.
3, 17th Floor
Hon. Richard Seeborg

Defendants.
Complaint Date: November 30, 2011
Trial Date:
None Set

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-155000/0000/1003637.1

Stipulation and [Proposed] Order
Case No. 3:11-CV-05754-RS

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Plaintiff Randy Meadows and defendants Wells Fargo Bank, N.A. (“Wells Fargo”), and

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Bank of America, N.A. (“Bank of America”), jointly submit this stipulated request for order

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changing time pursuant to Civil Local Rule 6-2.

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On November 30, 2011, the Court entered an order denying as moot plaintiff’s motion for

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temporary restraining order, based on Wells Fargo’s representation that the sale of the subject

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property had been postponed (docket entry [10]). That order also scheduled a preliminary

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injunction hearing for December 22, 2011. On December 15, 2011, the Court continued the

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hearing to December 29, 2011 (docket entry [13]).

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The parties now jointly request that the preliminary injunction and accompanying briefing
schedule be continued as follows:


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Plaintiff should file a supplemental motion for preliminary injunction by January
5, 2012

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

Wells Fargo and Bank of America should file a response by January 12, 2012

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

Plaintiff may, if he elects to do so, file a reply brief by January 19, 2012

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

The hearing on preliminary injunction should be continued to February 2, 2012,

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at 1:30 p.m., or a later date of the Court’s choosing.

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In view of the above stipulations, Wells Fargo represents that it has instructed the trustee

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to postpone the foreclosure sale until February 17, 2012, or later, but in no event less than 15 days

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after a ruling on plaintiff’s motion for preliminary injunction.

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In light of ongoing settlement discussions, pursuant to Civil L.R. 6.1(a), the parties further

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stipulate that Wells Fargo and Bank of America’s response deadline to the complaint is extended

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to February 20, 2012.

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-255000/0000/1003637.1

Stipulation and [Proposed] Order
Case No. 3:11-CV-05754-RS

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DATED: December 20, 2011

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Respectfully submitted,
SEVERSON & WERSON
A Professional Corporation

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By:
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/s/ M. Elizabeth Holt
M. Elizabeth Holt

Attorneys for Defendants
Wells Fargo Bank, N.A. and Bank of America,
N.A.

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DATED: December 20, 2011

LAW OFFICES OF ROBERT F. KANE

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By:
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/s/ Robert F. Kane
Robert F. Kane

Attorneys for Plaintiff
Randy Meadows

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/S/) within this efiled document.

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[PROPOSED] ORDER

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In light of the parties’ stipulations, and good cause appearing, IT IS HEREBY ORDERED
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that:


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January 5, 2012.

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

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Wells Fargo and Bank of America may file a response no later than January 12,
2012.

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

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Plaintiff may, if he elects to do so, file a reply brief no later than January 19,
2012.

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

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The hearing on preliminary injunction is continued to

February 2, 2012
1:30
___________________________________ at __________________ AM/PM.

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Plaintiff may file a supplemental motion for preliminary injunction no later than

DATED:

12/20/11

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________________________________________
The Honorable Richard Seeborg
UNITED STATES DISTRICT COURT JUDGE

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-355000/0000/1003637.1

Stipulation and [Proposed] Order
Case No. 3:11-CV-05754-RS