Oiyemhonlan et al v. Chase Bank et al

Filing 13

STIPULATION AND ORDER re 12 JOINT STIPULATION TO STAY PROCEEDINGS FOR SIXTY DAYS AND [PROPOSED] ORDER filed by Chase Bank, Quality Loan Service Corp. Signed by Judge Elizabeth D Laporte on 1/23/2012. (kns, COURT STAFF) (Filed on 1/23/2012)

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BRYAN CAVE LLP 1 C. Scott Greene, California Bar No. 277445 Yvonne P. Greer, California Bar No. 214072 Two Embarcadero Center, Suite 1410 3 San Francisco, CA 94111-3907 Telephone: (415) 675-3400 4 Facsimile: (415) 675-3434 Email: scott.greene@bryancave.com 5 greery@bryancave.com 2 6 BRYAN CAVE LLP 7 Sean D. Muntz, California Bar No. 223549 3161 Michelson Drive, Suite 1500 8 Irvine, California 92612-4414 Telephone: (949) 223-7000 9 Facsimile: Email: (949) 223-7100 sean.muntz@bryancave.com Bryan Cave LLP 2 Embarcadero Center, Suite 1410 San Francisco, CA 94111 10 Attorneys for Defendants 11 JPMORGAN CHASE BANK, N.A. (erroneously named as Chase Bank); and QUALITY LOAN SERVICE CORP., INC. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 JOSEPH O. OIYEMHONLAN, an individual and Case No. 3-11-CV-06622 EDL 15 MARTHA OIYEMHONLAN, an individual, 16 17 JOINT STIPULATION TO STAY PROCEEDINGS FOR SIXTY DAYS AND [PROPOSED] ORDER AS MODIFIED Plaintiffs, vs. 18 JP MORGAN MORTGAGE ACQUISITION 19 CORP., business entity unknown; QUALITY 20 21 Judge: LOAN SERVICE CORP., business entity unknown; and DOES 1 through 100, Magistrate Elizabeth D. LaPorte Date Action Filed: November 18, 2011 Date Action Removed: December 22, 2011 Defendants. 22 23 24 25 26 27 28 C022167C022167/0331058/59482.1 1 CASE NO. 3-11-CV-06622 EDL JOINT STIPULATION TO STAY PROCEEDINGS STIPULATION 1 2 Plaintiffs Joseph and Martha Oiyemhonlan (“Plaintiffs”) and Defendants JP MORGAN 3 CHASE BANK, N.A, (“Chase”) and QUALITY LOAN SERVICE CORP., INC. (collectively 4 “Defendants”) by and through their respective counsel, STIPULATE and AGREE as follows: 5 WHEREAS Plaintiffs filed a complaint in the Superior Court of the County of Alameda 6 on November 18, 2011; 7 WHEREAS, on November 22, 2011 in the Superior Court of the County of Alameda, 8 Plaintiffs obtained an ex parte temporary restraining order (“TRO”) enjoining the Trustee’s sale of 9 the real property at 27535 Orlando Avenue in Hayward, California (the “Property”); 10 WHEREAS Defendants removed the action to this Court pursuant to the provisions of 28 Bryan Cave LLP 2 Embarcadero Center, Suite 1410 San Francisco, CA 94111 11 U.S.C.section 1441(b) on December 22, 2011; 12 WHEREAS Defendants filed a Motion to Dismiss Plaintiffs’ Complaint on December 29, 13 2011; 14 WHEREAS Defendants’ reply in response to any opposition to Defendants’ Motion to 15 Dismiss is due on January 19, 2011; 16 WHEREAS the hearing on Defendants’ Motion to Dismiss is set for February 14, 2012; 17 WHEREAS the Case Management Conference is presently scheduled for April 3, 2012. 18 WHEREAS the parties wish to stay all proceedings in this matter until March 19, 2012, 19 including hearings, briefings, appearances and any other deadlines imposed by law or the Court, 20 pending a determination by Defendant Chase of Plaintiffs’ suitability for loan modification, which 21 is economically and judicially efficient; 22 WHEREAS the parties stipulate and agree that Plaintiffs’ time to file an Opposition to 23 Defendants’ Motion to Dismiss is extended to March 19, 2012; 24 WHEREAS the parties further stipulate and agree that Defendants’ time to file a reply in 25 support of their Motion to Dismiss will be extended to March 27, 2012 or seven (7) days prior to a 26 hearing date as the Court determines, pending a determination by Chase of Plaintiffs’ suitability 27 for loan modification; 28 2 JOINT STIPULATION TO STAY PROCEEDINGS CASE NO. 3-11-CV-06622 EDL 1 WHEREAS the parties further stipulate and agree that Defendants’ hearing on 2 Defendants’ Motion to Dismiss be continued to April 3, 2012 or anytime thereafter as the Court 3 determines; 4 WHEREAS Defendant further agrees to postpone any foreclosure proceedings on the liens 5 associated with the loan for the subject property located at 27535 Orlando Avenue in Hayward, 6 California, pending a determination by Chase on Plaintiffs’ loan modification application; 7 WHEREAS Plaintiffs understand that Defendant Chase has made no guarantee that 8 Plaintiffs will be granted a loan modification and that Chase is under no obligation to provide 9 Plaintiffs with a loan modification; 10 WHEREAS the parties further stipulate and agree that the extension requested herein is Bryan Cave LLP 2 Embarcadero Center, Suite 1410 San Francisco, CA 94111 11 not requested for purposes of delay and will not result in any prejudice to the parties or to the 12 Court; 13 IT IS THEREFORE STIPULATED AND AGREED by Plaintiffs and Defendants, by 14 and through their respective counsel, and the Court is respectfully requested to order that: 15 1. This action is hereby stayed until March 19, 2012; 16 2. The deadline for Plaintiffs to file their Opposition to the Motion to Dismiss shall be extended to March 19, 2012; 17 18 3. The deadline for Defendants to file their reply to Plaintiffs’ Opposition to the Motion to Dismiss shall be extended to March 27, 2012; 19 20 4. The hearing on the motion to dismiss shall be continued to April 3, 2012; 21 5. The case management conference shall be continued to April 24, 2012 or anytime thereafter as determined by the Court; 22 23 24 6. The TRO obtained by Plaintiffs in the Superior Court in the County of Alameda shall remain in effect until this Court makes a determination on the TRO, or by 25 /// 26 /// 27 /// 28 3 JOINT STIPULATION TO STAY PROCEEDINGS CASE NO. 3-11-CV-06622 EDL further agreement by the parties. 1 2 . 3 IT IS SO STIPULATED. 4 5 Dated: January 17, 2012 6 BEDI & JOHNSON 7 By: /s/ Lyle W. Johnson Lyle W. Johnson Attorneys for Plaintiffs JOSEPH and MARTHA OIYEMHONLAN 8 9 10 Bryan Cave LLP 2 Embarcadero Center, Suite 1410 San Francisco, CA 94111 11 Dated: January 17, 2012 BRYAN CAVE LLP 12 By: /s/ Yvonne P. Greer Yvonne P. Greer Attorneys for Defendant JPMORGAN CHASE BANK, N.A and QUALITY LOAN SERVICE CORP., INC. 13 14 15 16 17 ATTESTATION PURSUANT TO GENERAL ORDER 45 18 19 I, Yvonne P. Greer, attest that concurrence in the filing of this document has been obtained 20 from each of the signatories. I declare under penalty of perjury under the laws of the United States 21 of America that the foregoing is true and correct. Executed on January 17, 2012, at San Francisco, 22 California. 23 24 25 ______/S/_Yvonne P. Greer_____________ Yvonne P. Greer 26 27 28 4 JOINT STIPULATION TO STAY PROCEEDINGS CASE NO. 3-11-CV-06622 EDL [PROPOSED] ORDER 1 2 3 The Court, having reviewed the parties’ Stipulation, hereby orders as follows: 4 1. This action is hereby stayed until March 19, 2012; 5 2. The deadline for Plaintiffs to file their Opposition to Defendants’ Motion to Dismiss is extended to March 19, 2012 6 7 3. The deadline for Defendants to file their Reply to Plaintiffs’ Opposition to the Motion to Dismiss shall be extended to March 27, 2012; 8 9 4. 24 The hearing on the motion to dismiss shall be continued to April 3, 2012; at 9:00 a.m. 10 5. The TRO shall remain in effect until further determination by this Court on the Bryan Cave LLP 2 Embarcadero Center, Suite 1410 San Francisco, CA 94111 11 TRO if the hearing date is re-noticed by Plaintiffs or by further agreement of the 12 parties; 13 14 6. 9:00 a.m. The case management conference shall be continued to April 24, 2012 at 3:00 p.m. or ________________________. 15 IT IS SO ORDERED. 16 January 23, 2012 17 Dated: _____________________ 18 By: JUDGE OF THE U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION TO STAY PROCEEDINGS CASE NO. 3-11-CV-06622 EDL

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