McDonald et al v. Indymac Mortgage Services et al

Filing 156

ORDER STAYING PROCEEDINGS; AMENDING DEADLINE; CONTINUING STATUS CONFERENCE The matter is stayed until February 27, 2015; defendant's response to the Third Amended Complaint is due on March 6, 2015; the case status conference, scheduled for October 31, 2014, is continued to February 27, 2015. Signed by Judge Maxine M. Chesney on October 10, 2014. (mmclc2S, COURT STAFF) (Filed on 10/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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DARRELL McDONALD, FLORA
11 McDONALD,
Plaintiffs,

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vs.

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Case No. 3:12-cv-04610-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
The Hon. Maxine M. Chesney

14 INDYMAC MORTGAGE SERVICES;
NDEX WEST, LLC; ONEWEST BANK,
15 FSB; DEUTSCHE BANK NATIONAL
TRUST COMPANY; WELLS FARGO
16 BANK, N.A.; ALL PERSONS UNKNOWN,
CLAIMING ANY LEGAL OR EQUITABLE
17 RIGHT, LIEN, OR INTEREST IN THE
PROPERTY DESCRIBED IN THE
18 COMPLAINT ADVERSE TO PLAINTIFFS’
TITLE OR ANY CLOUD ON THAT TITLE;
19 and DOES 1 THROUGH 10,

Action Filed:

September 4, 2012

Defendants.

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55000.0470/2550327.1
220230.1

3:12-cv-04610-MMC

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

2 Bank, N.A., (formerly known as OneWest Bank, FSB and erroneously sued as IndyMac Mortgage
3 Services, which is a division of OneWest) (“OneWest”), Deutsche Bank National Trust
4 Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2005-AR16IP, Mortgage Pass5 Through Certificates, Series 2005-AR16IP Under the Pooling and Servicing Agreement Dated
6 July 1, 2005 ("Deutsche Bank"), and NDeX West, LLC (“NDeX”) (collectively, “Defendants”)
7 stipulate and agree as follows:
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1.

Plaintiffs have been approved for a trial period plan concerning the subject loan

9 with payments required on October 1, 2014, November 1, 2014, and December 1, 2014. Plaintiffs
10 have already made their October 1st payment.
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2.

The Parties believe that a loan modification will likely resolve this matter.

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3.

The Parties therefore request that this matter be stayed until February 27, 2015.

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4.

The Parties therefore request that the case status conference, scheduled for October

14 31, 2014, be continued until February 27, 2015, or anytime that the Court deems proper.
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Date: October 8, 2014

By: /s/ Darrell McDonald
Darrell McDonald
Pro Se

Date: October 8, 2014

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By: /s/ Flora McDonald
Flora McDonald
Pro Se

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BRYAN CAVE, LLP
By: /s/ Dave Owens
Dave Owens
Attorney for Defendants
OneWest Bank, NA and Deutsche Bank
National Trust Company, as Trustee

22 Date: October 8, 2014
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220230.1

BARRETT DAFFIN FRAPPIER TREDER
& WEISS, LLP
By: /s/ Darlene Hernandez
Darlene Hernandez
Attorney for Defendant
NDeX West, LLC

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2 Date: October 8, 2014
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220230.1

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PROPOSED ORDER

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The Court, having read the above stipulation and good cause appearing therefor, IT IS

3 HEREBY ORDERED THAT:
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1.

This matter shall be stayed until February 27, 2015.

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Defendants’ response to the Third Amended Complaint shall be due on March 6,

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2015.
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3.
The case status conference, scheduled for October 31, 2014, is continued to
8 Date: ___________________
February 27, 2015
_________________________________
United States District Judge
IT IS SO ORDERED.
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10 Date: October 10, 2014

______________________________
United States District Judge

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220230.1