Oiyemhonlan et al v. Chase Bank et al

Filing 16

STIPULATION AND ORDER re 15 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Modify Prior Order on Stay of Proceeding for Sixty Days and [Proposed] Order filed by Chase Bank, Quality Loan Service Corp. Responses due by 4/2/2012.Replies due by 4/9/2012. Signed by Judge Elizabeth D Laporte on 3/29/2012. (kns, COURT STAFF) (Filed on 3/30/2012)

BRYAN CAVE LLP

1 C. Scott Greene, California Bar No. 277445
Sean D. Muntz, California Bar No. 223549
2 John C. Hedger, California Bar No. 230814
th
3 333 Market Street, 25 Floor

San Francisco, CA 94105
4 Telephone: [phone]
Facsimile:
[phone]
5 Email:
[e-mail]
[e-mail]
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[e-mail]

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Attorneys for Defendants
8 JPMORGAN CHASE BANK, N.A. (erroneously named as Chase Bank); and QUALITY LOAN
SERVICE CORP., INC.

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UNITED STATES DISTRICT COURT

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Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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NORTHERN DISTRICT OF CALIFORNIA

12 JOSEPH O. OIYEMHONLAN, an individual and Case No. 3-11-CV-06622 EDL
MARTHA OIYEMHONLAN, an individual,
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JOINT STIPULATION TO MODIFY
PRIOR ORDER ON STAY OF
PROCEEDINGS FOR SIXTY DAYS AND
[PROPOSED] ORDER

Plaintiffs,

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vs.

16 JP MORGAN MORTGAGE ACQUISITION
CORP., business entity unknown; QUALITY
LOAN SERVICE CORP., business entity
18 unknown; and DOES 1 through 100,

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Judge:

Magistrate Elizabeth D. LaPorte

Date Action Filed:
November 18, 2011
Date Action Removed: December 22, 2011

Defendants.

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C022167C022167/0331058/59482.1

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CASE NO. 3-11-CV-06622 EDL

JOINT STIPULATION TO MODIFY PRIOR ORDER ON STAY OF PROCEEDINGS

STIPULATION

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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:
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WHEREAS Plaintiffs filed a complaint in the Superior Court of the County of Alameda

6 on November 18, 2011;
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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”);
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WHEREAS Defendants removed the action to this Court pursuant to the provisions of 28

Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

11 U.S.C.section 1441(b) on December 22, 2011;
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WHEREAS Defendants filed a Motion to Dismiss Plaintiffs’ Complaint on December 29,

13 2011;
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WHEREAS the parties previously stipulated to stay all proceedings in this matter until

15 March 19, 2012, including hearings, briefings, appearances and any other deadlines imposed by
16 law or the Court, pending a determination by Defendant Chase of Plaintiffs’ suitability for loan
17 modification, which is economically and judicially efficient;
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WHEREAS Chase has evaluated Plaintiffs for a loan modification and offered a loan

19 modification to Plaintiffs that has yet to be accepted;
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WHEREAS the hearing on Defendants’ Motion to Dismiss is set for April 24, 2012;

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WHEREAS the Case Management Conference is presently scheduled for April 24, 2012.

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WHEREAS the parties stipulate and agree that Plaintiffs’ time to file an Opposition to

23 Defendants’ Motion to Dismiss is extended to April 2, 2012;
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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 April 9, 2012;
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WHEREAS the parties further stipulate and agree that the extensions of time related to

27 filings requested herein are not requested for purposes of delay and will not result in any prejudice
28 to the parties or to the Court;
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JOINT STIPULATION TO MODIFY PRIOR ORDER ON STAY OF PROCEEDINGS
CASE NO. 3-11-CV-06622 EDL

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IT IS THEREFORE STIPULATED AND AGREED by Plaintiffs and Defendants, by

2 and through their respective counsel, and the Court is respectfully requested to amend its prior
3 order so that:
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extended to April 2, 2012;

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The deadline for Plaintiffs to file their Opposition to the Motion to Dismiss shall be

2.

The deadline for Defendants to file their reply to Plaintiffs’ Opposition to the
Motion to Dismiss shall be extended to April 9, 2012;

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3.

The hearing on the motion to dismiss shall remain as set for April 24, 2012;

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4.

The case management conference shall remain as set for April 24, 2012;

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5.

The TRO obtained by Plaintiffs in the Superior Court in the County of Alameda

Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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shall remain in effect until this Court makes a determination on the TRO, or by

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further agreement by the parties.

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IT IS SO STIPULATED.

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Dated: March 26, 2012

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BEDI & JOHNSON

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By:

/s/ Ginny Bedi
Ginny Bedi
BEDI & JOHNSON LLP
Attorneys for Plaintiffs
JOSEPH and MARTHA OIYEMHONLAN

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Dated: March 26, 2012

BRYAN CAVE LLP

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By:

/s/ John C. Hedger
John C. Hedger
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A and QUALITY
LOAN SERVICE CORP., INC.

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JOINT STIPULATION TO MODIFY PRIOR ORDER ON STAY OF PROCEEDINGS
CASE NO. 3-11-CV-06622 EDL

ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, John C. Hedger, attest that concurrence in the filing of this document has been obtained

3 from each of the signatories. I declare under penalty of perjury under the laws of the United States
4 of America that the foregoing is true and correct. Executed on March 26, 2012, at San Francisco,
5 California.
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______/s/_John C. Hedger_____________
John C. Hedger

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Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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JOINT STIPULATION TO MODIFY PRIOR ORDER ON STAY OF PROCEEDINGS
CASE NO. 3-11-CV-06622 EDL

[PROPOSED] ORDER

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The Court, having reviewed the parties’ Stipulation, hereby orders as follows:

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1.

Dismiss is extended to April 2, 2012

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The deadline for Plaintiffs to file their Opposition to Defendants’ Motion to

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The deadline for Defendants to file their Reply to Plaintiffs’ Opposition to the
Motion to Dismiss shall be extended to April 9, 2012;

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3.

The hearing on the motion to dismiss shall remain set for April 24, 2012;

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4.

The case management conference shall remain set for April 24, 2012.

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5.

The TRO shall remain in effect until further determination by this Court on the

Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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TRO if the hearing date is re-noticed by Plaintiffs or by further agreement of the

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parties;

13 IT IS SO ORDERED.
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March 29, 2012
15 Dated: _____________________

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By:
MAGISTRATE
JUDGE OF THE U.S. DISTRICT COURT,
NORTHERN DISTRICT OF CALIFORNIA

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JOINT STIPULATION TO MODIFY PRIOR ORDER ON STAY OF PROCEEDINGS
CASE NO. 3-11-CV-06622 EDL