McDonald et al v. Indymac Mortgage Services et al

Filing 133

JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Judge Maxine M. Chesney on Janaury 29, 2014. (mmclc2, COURT STAFF) (Filed on 1/29/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DARRELL MCDONALD, FLORA
11 MCDONALD,
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JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
TIME TO RESPOND AND TO CONTINUE
CASE MANAGEMENT CONFERENCE

Plaintiffs,

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v.

14 INDYMAC MORTGAGE SERVICES;
NDEX WEST, L.L.C; ONEWEST BANK,
15 FSB; DEUTSCHE BANK NATIONAL
TRUST, AS TRUSTEE OF THE
16 INDYMAC INDX MORTGAGE LOAN
TRUST 2005-AR16IP UNDER THE
17 POOLING AND SERVICING
AGREEMENT DATED JULY 1, 2005; and
18 DOES 1 THROUGH 10,
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Case No.: 3:12-CV-04610-MMC

Date Action Filed: September 4, 2012
Trial Date:
Not Assigned

Defendants.

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180933.1

STIPULATION TO EXTEND TIME TO RESPOND

Plaintiffs Darrell McDonald and Flora McDonald (“Plaintiffs”) and Defendants OneWest

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2 Bank, FSB, Deutsche Bank National Trust Company, as Trustee, and NDeX West, LLC
3 (collectively “Defendants”) hereby stipulate and agree to the following, subject to the Court’s
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RECITALS

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1.

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WHEREAS, Defendants time to respond to the First Amended Complaint is

7 currently January 27, 2014;
2.

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WHEREAS, new counsel for Defendants OneWest Bank, FSB and Deutsche Bank

9 National Trust Company, as Trustee, will be substituted once said defendants execute the
10 substitution of attorney;
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3.

WHEREAS, a case status conference is currently scheduled for March 7, 2014; and

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4.

WHEREAS, the Parties wish to extend Defendants’ time to respond to the First

13 Amended Complaint and also continue the case status conference.
STIPULATION

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It is hereby agreed to and stipulated as follows, subject to the Court’s approval:

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1.

Defendants’ time to respond to the First Amended Complaint shall be extended

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2.

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The case status conference shall be continued until April 11, 2014, or anytime

19 thereafter that the Court deems proper; and
3.

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This stipulation shall not be deemed a waiver of any rights, remedies, or defenses

21 that any party may later raise in this instant action.
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180933.1

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STIPULATION TO EXTEND TIME TO RESPOND

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Date: 1/28/14
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/s/ Sarina Saluja
Sarina Saluja
Attorney for Defendants
ONEWEST BANK, FSB and DEUTSCHE
BANK NATIONAL TRUST COMPANY, as
Trustee

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6 Date: 1/27/14
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/s/ Darlene Hernandez
Darlene Hernandez
Attorney for Defendant
NDeX West, LLC

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Date: 1/27/14
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Darrell McDonald
Darrell McDonald
Pro Se Plaintiff

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12 Date: 1/27/14
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Flora McDonald
Flora McDonald
Pro Se Plaintiff

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STIPULATION TO EXTEND TIME TO RESPOND
180933.1

PROPOSED ORDER

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The Court, having read the stipulation between the Parties, hereby orders:

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1.

Defendants’ time to respond to the First Amended Complaint shall be extended

4 until February 28, 2014; and
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2.
The case status conference shall be continued until April 11, 2014. , and the parties
shall file no later than April 4, 2014 a Joint Case Management Statement.

________________________
January 29, 2014
7 Date

____________________________
United States District Court Judge

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STIPULATION TO EXTEND TIME TO RESPOND
180933.1