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

Filing 32

STIPULATION AND ORDER resetting motion and CMC to 1/31/13 29 MOTION to Strike 26 Amended Complaint , 28 MOTION to Dismiss First Amended Complaint. Case Management Statement due by 1/24/2013. Case Management Conference s et for 1/31/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 1/31/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 12/12/12. (bpf, COURT STAFF) (Filed on 12/12/2012)

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]
6

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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17

Plaintiffs,
vs.

18 BANK OF NEW YORK TRUST COMPANY,
N.A., as successor Trustee to JPMORGAN

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

20 INVESTORS SURF TRUST SERIES 2005-

Judge: The Hon. Edward M. Chen
STIPULATION TO CONTINUE THE
HEARING ON DEFENDANTS’
MOTION TO DISMISS AND STRIKE
PLAINTIFFS’ FIRST AMENDED
COMPLAINT AND CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

AB1; BAC HOME LOAN SERVICING, LP;

21 RECONTRUST COMPANY, N.A.,
MORTGAGE ELECTRONIC

22 REGISTRATION SYSTEMS; AND DOES 1100, INCLUSIVE,

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

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Defendants

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SF01DOCS\116132.1\C076608\0339436

STIPULATION AND [PROPOSED] ORDER

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TO THE COURT IN THE ABOVE ENTITLED ACTION:
Defendants Bank of New York Trust Company, N.A., as successor Trustee to JPMorgan

4 Chase Bank, as original Trustee for the Merrill Lynch Mortgage Investors Surf Trust Series 20055 ABI; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP;
6 Recontrust Company, N.A.; Mortgage Electronic Registration Systems, Inc., and Plaintiffs
7

Muhamed Almutarreb and Sophia Almutarreb (collectively “Parties”) by and through their

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9
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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counsel of record, hereby enter into the following stipulation to continue the Case Management
Conference and the hearing on Defendants’ Motion to Dismiss and Strike the First Amended

11 Complaint.
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WHEREAS, On June 14, 2012 Plaintiffs Muhamed Almutarreb and Sophia Almutarreb

13 (“Plaintiffs”) filed a complaint against Defendants Bank of New York Trust Company, N.A., as
14 successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch Mortgage
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Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger to BAC

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Home Loans Servicing, LP; Recontrust Company, N.A.; Mortgage Electronic Registration

18 Systems, Inc. (“Defendants”).
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WHEREAS, On July 16, 2012, Defendants filed a Motion to Dismiss Plaintiffs’

20 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(6). The Motion to Dismiss was
21 scheduled to be heard on September 28, 2012. However, on September 24, 2012 the Court
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determined that the matters were appropriate for resolution without oral argument and vacated the

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hearing, pursuant to Civil Local Rule 7-1(b). The Court denied Defendants’ Motion to Dismiss as

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to Plaintiffs’ claim under Civil Code §2923.5 and Granted with prejudice as to all remaining

26 claims except for claims for violation of FDCPA, RESPA, Quiet Title, Wrongful Foreclosure
27 under Civil Code §2923.6 and Accounting, which were dismissed with prejudice. The Court
28 granted Plaintiffs leave to amend the remaining causes of action for declaratory relief, negligence,
SF01DOCS\116132.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC

1 quasi contract, wrongful foreclosure, violation of California Business and Professions Code §
2 17200, and fraud.
3

WHEREAS, Plaintiffs filed a First Amended Complaint on November 7, 2012.

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WHEREAS, on November 28, 2012, Defendants filed and served an Answer to the Civil

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Code §2923.5 claim, a Motion to Dismiss the First Amended Complaint, and a Motion to Strike

7 the First Amended Complaint.
WHEREAS, The initial Case Management Conference (“CMC”) is currently scheduled for

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9 hearing in this Court on January 3, 2013 at 1:30 p.m.
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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WHEREAS, Defendants’ Motion to Dismiss and Motion to Strike the First Amended
Complaint is currently scheduled for hearing in this Court on January 3, 2013 at 1:30 p.m.

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WHEREAS, Good cause exists to continue the CMC and the hearing on Defendants’

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Motion to Dismiss and Motion to Strike the First Amended Complaint because of a conflict with

15 Plaintiffs’ counsel’s schedule. Counsel for Plaintiffs recently became aware of this scheduling
16 conflict and notified Counsel for Defendants on December 11, 2012.
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SF01DOCS\116132.1\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 and the hearing on Defendants’ Motion to Dismiss
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and Motion to Strike the First Amended Complaint, for an additional 21 to 28 days, or to a date

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that is convenient for the Court. A Joint Case Management Statement will be filed seven (7) days

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before the date of the continued CMC.

7 IT IS SO STIPULATED.
8

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

9 Dated: December 11, 2012
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BRYAN CAVE LLP

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By:

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/s/ Michelle M. Cammarata
Michelle M. Cammarata
Attorney for Defendants
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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Dated: December 11, 2012

LAW OFFICE OF JASON ESTAVILLO

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By:

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

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SF01DOCS\116132.1\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,

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5 N.A., as successor Trustee to JPMorgan Chase Bank, as original Trustee for the Merrill Lynch
6 Mortgage Investors Surf Trust Series 2005-ABI; Bank of America, N.A., as successor by merger
7 to BAC Home Loans Servicing, LP; ReconTrust Company, N.A.; Mortgage Electronic
8

Registration Systems, Inc. (“Defendants”), and Plaintiffs Muhamed Almutarreb and Sophia

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Almutarreb (“Plaintiffs”) and good cause appearing therefore, the Case Management Conference
and the hearing on Defendants’ Motion to Dismiss and Motion to Strike the First Amended

January 31, 2013
12 Complaint, scheduled for January 3, 2013, is hereby continued to _________________________
1:30

13 at ____a.m./p.m.

12/12/12
Dated: ______________
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RED

RDE
______________________________
IS SO O FIED
IT
Honorable Edward M. ChenI
D
AS MO
United States District Court
n
M. Che
Edward
Judge

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PURSUANT TO STIPULATION, IT IS SO ORDERED. DI
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Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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SF01DOCS\116132.1\C076608\0339436

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STIPULATION AND [PROPOSED] ORDER

Case No. C12-03061 EMC