Almutarreb et al v. Bank of New York Trust Company, N.A. et al

Filing 25

STIPULATION AND ORDER re 24 to Continue the Case Management Conference filed by Mortgage Electronic Registration Systems, BAC Home Loan Servicing, L.P., Bank of New York Trust Company, N.A., Recontrust Company, N.A. Case Management Statement due by 12/27/2012. Case Management Conference set for 1/3/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/18/12. (bpf, COURT STAFF) (Filed on 10/18/2012)

1 BRYAN CAVE LLP
C. Scott Greene, California Bar No. 277445

2 Andrea M. Hicks, California Bar No. 219836
Michelle M. Cammarata, California Bar No. 250258

3 333 Market Street, 25th Floor
San Francisco, CA 94105
[phone]
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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4 Telephone:

7 Attorneys for Defendants
BANK OF NEW YORK TRUST COMPANY, N.A., as successor Trustee to JPMorgan Chase

8 Bank, as original Trustee for the MERRILL LYNCH MORTGAGE INVESTORS SURF
TRUST SERIES 2005-ABI; BANK OF AMERICA, N.A., as successor by merger to BAC

9 HOME LOANS SERVICING, LP; RECONTRUST COMPANY, N.A.; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MUHAMED ALMUTARREB and SOPHIA

Case No. C12-03061-EMC

15 ALMUTARREB,
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Plaintiffs,
vs.

18 BANK OF NEW YORK TRUST COMPANY,

Judge: The Hon. Edward M. Chen
STIPULATION TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

N.A., as successor Trustee to JPMORGAN

19 CHASE BANK, as original Trustee for the
MERRILL LYNCH MORTGAGE

20 INVESTORS SURF TRUST SERIES 2005AB1; BAC HOME LOAN SERVICING, LP;

21 RECONTRUST COMPANY, N.A.,

Date Action Filed: June 14, 2012
Trial Date: None set.

MORTGAGE ELECTRONIC

22 REGISTRATION SYSTEMS; AND DOES 1100, INCLUSIVE,

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Defendants

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SF01DOCS\107442.1\C076608\0339436

STIPULATION AND [PROPOSED] ORDER

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TO THE COURT IN THE ABOVE ENTITLED ACTION:

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Defendants Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan

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Chase Bank, as original Trustee for the Merrill Lynch Mortgage Investors Surf Trust Series 2005-

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ABI; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP;

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ReconTrust Company, N.A.; Mortgage Electronic Registration Systems, Inc., and Plaintiffs

7 Muhamed Almutarreb and Sophia Almutarreb (collectively “Parties”) by and through their
8 counsel of record, hereby enter into the following stipulation to continue the Case Management
9 Conference.
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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WHEREAS, On June 14, 2012 Plaintiffs Muhamed Almutarreb and Sophia Almutarreb
(“Plaintiffs”) filed a complaint against Defendants Bank of New York Trust Company, N.A., as

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successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch Mortgage
Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger to BAC

15 Home Loans Servicing, LP; ReconTrust Company, N.A.; Mortgage Electronic Registration
16 Systems, Inc. (“Defendants”).
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WHEREAS, On July 16, 2012, Defendants filed a Motion to Dismiss Plaintiffs’

18 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(6). The Motion to Dismiss was
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scheduled to be heard on . However, on September 24, 2012 the Court determined that the matters

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were appropriate for resolution without oral argument and vacated the hearing, pursuant to Civil

22 Local Rule 7-1(b). The Court denied Defendants’ motion to dismiss as to Plaintiffs’ claim under
23 Civil Code §2923.5 and Granted with prejudice as to all remaining claims except for claims for
24 violation of FDCPA, RESPA, Quiet Title, Wrongful Foreclosure under Civil Code §2923.6 and
25 Accounting, which were dismissed with prejudice. Plaintiffs were ordered to file an amended
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complaint within 30 days of the date of the September 24, 2012 Order, or by October 24, 2012.

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WHEREAS, Plaintiffs intend to file an amended complaint.

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SF01DOCS\107442.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC

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WHEREAS, Counsel to Defendants have agreed to allow Plaintiffs an additional fourteen

2 (14) days to file their amended complaint due to an extensive workload. Which would require
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Plaintiffs to file their amended complaint by November 7, 2012.

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WHEREAS, Counsel to Plaintiffs have agreed to allow Defendants to file and serve an

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Answer to the Civil Code §2923.5 claim and a response to the First Amended Complaint, within

7 21 days after the First Amended Complaint is filed and served.
WHEREAS, The initial Case Management Conference (“CMC”) is currently scheduled for

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9 hearing in this Court on October 26, 2012.
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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WHEREAS, Good cause exists to continue the CMC because the pleadings are not at issue
given that an amended complaint has not been filed. Without an operative pleading, a CMC is

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premature at this time because the Parties will be unable to engage in any reasonable discussion
regarding the legal issues, anticipated motions, a proposed discovery plan, initial disclosures, and

15 settlement.
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SF01DOCS\107442.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC

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WHEREFORE, the Parties, by and through their respective counsel of record, hereby agree

2 and request this Court to continue the CMC for an additional 30 to 60 days, or to a date that is
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convenient for the Court. A Joint Case Management Statement will be filed seven (7) days before

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the date of the continued CMC.

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6 IT IS SO STIPULATED.
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8 Dated: October 15, 2012

BRYAN CAVE LLP

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By:

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

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/s/ Michelle M. Cammarata
Michelle M. Cammarata
Attorneys for Defendants BANK OF NEW
YORK TRUST COMPANY, N.A., as
successor Trustee to JPMorgan Chase Bank,
as original Trustee for the MERRILL
LYNCH MORTGAGE INVESTORS SURF
TRUST SERIES 2005-ABI; BANK OF
AMERICA, N.A., as successor by merger to
BAC HOME LOANS SERVICING, LP;
RECONTRUST COMPANY, N.A.;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.

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18 Dated: October 15, 2012
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LAW OFFICE OF JASON ESTAVILLO
By:

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/s/ Jason W. Estavillo
Jason W. Estavillo
Attorney for Plaintiffs
Muhamed and Sophia Almutarreb

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SF01DOCS\107442.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC

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[PROPOSED] ORDER

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Having reviewed the above stipulation of Defendants Bank of New York Trust Company,

4 N.A., as successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch
5 Mortgage Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger
6 to BAC Home Loans Servicing, LP; ReconTrust Company, N.A.; Mortgage Electronic
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Registration Systems, Inc. (“Defendants”), and Plaintiffs Muhamed Almutarreb and Sophia

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January 3, 2013 ____a.m./p.m. and
scheduled for October 26, 2012 is hereby continued to _____________ at 9:00

11 Plaintiffs’ amended complaint must be filed no later than November 7, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

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IT IS S
DIFIED
AS MO

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dward
Judge E

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M. Che

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R NIA

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______________________________
Honorable Edward M. Chen
United States District ERED
ORDCourt

FO

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October 18, 2012
Dated: ______________

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

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Almutarreb (“Plaintiffs”) and good cause appearing therefore, the Case Management Conference

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SF01DOCS\107442.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC