Alfaro v. Washington Mutual Bank

Filing 15

ORDER by Magistrate Judge Maria-Elena James granting 14 Stipulation (rmm2, COURT STAFF) (Filed on 7/2/2012)

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WENDELL J. JONES, (State Bar No. 202302)
THE LAW OFFICE OF WENDELL J. JONES
1901 S. Bascom Avenue
Suite 333
Campbell, CA 95008
Telephone/ Facsimile: [phone]
Attorney for Plaintiff
IGNACIO ALFARO

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SUPERIOR COURT OF CALIFORNIA

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NORTHERN DISTRICT OF CALIFORNIA

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IGNACIO ALFARO, an individual
Plaintiff,
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vs.
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WASHINGTON MUTUAL BANK now doing
14 business as JP MORGAN CHASE BANK,
N.A. a corporation and DOES 1 through 50,
15 inclusive,
Defendants
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Case No.: 3:11-cv-06385
STIPULATION AND ORDER TO
EXTEND MEDIATION DEADLINE

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Joint Stipulation

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STIPULATION

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Plaintiff Ignacio Alfaro and Defendant JPMORGAN CHASE BANK, N.A., an acquirer of

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certain assets and liabilities of Washington Mutual Bank from the Federal Deposit Insurance

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Corporation, as Receiver for Washington Mutual Bank (“Chase”) (collectively, the “parties”), by

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and through their respective counsel of record, hereby stipulate and agree as follows and

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respectfully request that the Court approve and give effect to their stipulation:

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1) The parties wish to stay all proceedings in this matter, including hearings, briefings,

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appearances and any other deadlines imposed by law or the Court, pending a

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determination by Defendant Chase of Plaintiff’s suitability for loan modification,

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which is economically and judicially efficient. Plaintiff understands that Defendant

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Chase has made no guarantee that Plaintiff will be granted a loan modification and

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that Defendant Chase is under no obligation to provide Plaintiff with a loan

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modification;

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2) The parties further stipulate and agree that, in the event Plaintiff is denied for a loan

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modification, Defendant Chase’s Motion to Dismiss Plaintiff’s Complaint, filed on

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December 22, 2011, shall be rescheduled for hearing by the Court on a date and time

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to be determined by the Court, which shall occur prior to September, 2012;

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3) The parties stipulate and agree that, although the parties are determining the date of

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the mediation, it will tentatively be held on September 13, 2012, at 10:00 a.m.; and

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4) The parties stipulate and agree to extend the mediation deadline to September 27,

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2012.
IT IS SO STIPULATED.

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DATED:

6/26/2012

LAW OFFICE OF WENDELL J. JONES
By:

/s/Wendell J. Jones____________
Wendell J. Jones

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Attorney for Plaintiff
IGNACIO ALFARO

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Joint Stipulation

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DATED: 6/26/2012

BRYAN CAVE LLP
C. Scott Greene
Sean D. Muntz
Joshua D. White
By: /s/Joshua D. White
Joshua D. White
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A., an
acquirer of certain assets and liabilities of
Washington Mutual Bank from the Federal
Deposit Insurance Corporation, as Receiver for
Washington Mutual Bank

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Joint Stipulation

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[PROPOSED] ORDER
The parties having stipulated thereto and good cause appearing, IT IS HEREBY
ORDERED THAT:
1) all proceedings in this matter, including hearings, briefings, appearances and any other

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deadlines imposed by law or the Court, are stayed pending a determination by Defendant
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Chase of Plaintiff’s suitability for loan modification, which is economically and judicially
efficient;

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2) in the event Plaintiff is denied for a loan modification, Defendant Chase’s Motion to

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Dismiss Plaintiff’s Complaint, filed on December 22, 2011, shall be rescheduled for

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hearing by the Court on a date and time to be determined by the Court, which shall occur

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prior to September, 2012;

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3) the date of the mediation, will tentatively be on September 13, 2012, at 10:00 a.m;
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4) the mediation deadline will be extended to September 27, 2012.

S
H

ER

R NIA

a
Judge M

s

a Jame
ria-Elen

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RT

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Judge of the Superior Court

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July 2, 2012

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DATED:

UNIT
ED

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ISTRIC
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A

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D IS T IC T O
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Joint Stipulation