Molina v. JP Morgan Chase Bank, N.A.

Filing 7

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT. Signed by Judge Joseph C. Spero on 12/13/11. (klhS, COURT STAFF) (Filed on 12/13/2011)

1 MARK L. BLOCK (SBN 115457)
[e-mail]
2 LAURIE H. SELKOWITZ (SBN 274619)
3 [e-mail]
WARGO & FRENCH LLP
4 515 S. Flower Street, 36th Floor
5 Los Angeles, California 90071
Telephone: [phone]
6 Facsimile: [phone]
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Attorneys for Defendant
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JPMORGAN CHASE BANK, N.A.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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RODRIGO MOLINA, an individual,

Case No. C 11-06158 JCS

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Plaintiff,

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vs.

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JP MORGAN CHASE BANK, N.A. a
19 corporation and DOES 1 through 50,
20 inclusive,
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STIPULATION TO EXTEND TIME
TO RESPOND TO INITIAL
COMPLAINT (L.R. 6-1(A))
Action removed: December 7, 2011
Current response date: December 14,
2011
New response date: January 13, 2012

Defendants.
Hon. Joseph C. Spero

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RECITALS

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1.

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Plaintiff Rodrigo Molina (“Plaintiff”) filed the instant Complaint against

3 Defendant JPMorgan Chase Bank, N.A. (“Chase”) on November 2, 2011 in the
4 Superior Court of the State of California in and for the County of San Mateo, Civil
5 Action Number CIV509473 (“State Action”). The Complaint alleges causes of action
6 for violation of California Business and Professions Code section 17200, violation of
7 Real Estate Settlement Procedures Act of 1974 (12 U.S.C. § 2601), violation of Truth
8 in Lending Act (12 CFR § 226), fraud, fraud in the inducement, unfair business
9 practices, injunctive relief, and other equitable relief.
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2.

Chase was served with Plaintiff’s Complaint on November 8, 2011.

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3.

On December 7, 2011, Chase timely removed the State Action to this

12 Court pursuant to 28 U.S.C. §§ 1331 and 1332.
4.

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On December 8, 2011, Chase’s counsel called Plaintiff’s counsel to

14 discuss the Complaint and the upcoming deadline to file a responsive pleading.
15 Chase’s counsel and Plaintiff’s counsel discussed the causes of action raised in the
16 Complaint and agreed that an extension of time for Chase to respond to Plaintiff’s
17 Complaint would benefit the parties by allowing Chase to properly evaluate
18 Plaintiff’s claims and to gather certain documents necessary for the investigation of
19 Plaintiff’s allegations and by allowing the parties to engage in discussions on how to
20 best resolve their dispute.
5.

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Chase’s counsel and Plaintiff’s counsel agreed to extend the deadline for

22 Chase to respond to Plaintiff’s Complaint by thirty days, from December 14, 2011 to
23 January 13, 2012.
STIPULATION

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1.

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Plaintiff and Chase desire to continue the responsive pleading deadline to

26 January 13, 2012, so they may focus their energies on properly understanding the
27 issues in this case and/or resolving the action. This extension of time shall not alter
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1 the date of any event or any deadline already fixed by Court order, and under Local
2 Rule 6-1(a), need not be approved by the Court.
2.

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The Parties stipulate that:
a.

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Chase shall have until January 13, 2012, to respond to Plaintiff’s
Complaint.

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7 DATED: December 9, 2011

WARGO & FRENCH LLP

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By:

/s/ Laurie H. Selkowitz
MARK L. BLOCK
LAURIE H. SELKOWITZ

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Attorneys for Defendant
JPMorgan Chase Bank, N.A.

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15 Dated: December 9, 2011

THE LAW OFFICE OF WENDELL J.
JONES

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By: /s/ Wendell J. Jones / LHS
WENDELL J. JONES

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NO

Judge Jo

RT

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seph C.

Spero

A

H

ER

ED

ORDER

LI

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O
IT IS S

R NIA

S

Dated: 12/13/11

UNIT
ED

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RT
U
O

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Attorney for Plaintiff
Rodrigo Molina

ISTRIC
ES D
TC
AT
T

FO

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N

F
D IS T IC T O
R

C

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PROOF OF SERVICE

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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I am employed in the County of Los Angeles, State of California; I am over the
age of 18 and not a party to the within action; my business address is 1901 Avenue of
4 the Stars, 11th Floor, Los Angeles, California 90067.
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On December 9, 2011, I served the foregoing document(s) described as
6 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT
(L.R. 6-1(A)) on the interested parties to this action by delivering a copy thereof in a
7 sealed envelope addressed to each of said interested parties at the following address(es):
8 SEE ATTACHED LIST
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

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(BY MAIL) I am readily familiar with the business practice for collection and
processing of correspondence for mailing with the United States Postal Service.
This correspondence shall be deposited with the United States Postal Service
this same day in the ordinary course of business at our Firm's office address in
Los Angeles, California. Service made pursuant to this paragraph, upon
motion of a party served, shall be presumed invalid if the postal cancellation
date of postage meter date on the envelope is more than one day after the date
of deposit for mailing contained in this affidavit.
(BY ELECTRONIC SERVICE) by causing the foregoing document(s) to be
electronically filed using the Court’s Electronic Filing System which
constitutes service of the filed document(s) on the individual(s) listed on the
attached mailing list.
(BY E-MAIL SERVICE) I caused such document to be delivered
electronically via e-mail to the e-mail address of the addressee(s) set forth in
the attached service list.
(BY FACSIMILE) I caused the above-referenced document to be transmitted
to the interested parties via facsimile transmission to the fax number(s) as
stated on the attached service list.
(BY PERSONAL SERVICE) I caused such envelope to be delivered by hand
to the offices of the above named addressee(s).
(State)

I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.

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(Federal) I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made. I declare under
penalty of perjury that the above is true and correct.

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Executed on December 9, 2011, at Los Angeles, California.

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/s/ Laurie H. Selkowitz
Laurie H. Selkowitz

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PROOF OF SERVICE
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SERVICE LIST

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2 Wendell J. Jones
The Law Office of Wendell J. Jones
3 1901 S. Bascom Avenue, Suite 333
4 Campbell, California 95008
Telephone: [phone]
5 E-mail: [e-mail]
6 Counsel for Plaintiff
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