Funes et al v. Bank of America, N.A. et al

Filing 7

ORDER by Magistrate Judge Maria-Elena James granting 6 Stipulation and Order Re: Staying Litigation Pending Efforts Towards Informal Resolution and vacating Case Management Conference. (rmm2S, COURT STAFF) (Filed on 1/15/2013)

1 Matthew Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
2 MELLEN LAW FIRM
411 Borel Ave., Suite 230
3 San Mateo, CA 94402
Telephone:
[phone]
4 Facsimile:
(650) 638-01258
5 Attorneys for Plaintiffs:
RICK FUNES
6 ALBA FUNES
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

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RICK FUNES, an individual; and ELBA
11 FUNES, an individual,

Case No. 3:12-cv-05775-MEJ
Judge:

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Plaintiffs,
vs.

14 BANK OF AMERICA, N.A., a financial
institution; BANK OF NEW YORK
15 MELLON, N.A., an investment management
and investment services company; and DOES
16 1-50, inclusive,
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Defendants.

Hon. Maria-Elena James

[PROPOSED] ORDER RE:
STIPULATION TO STAY LITIGATION
PENDING EFFORTS TOWARDS
INFORMAL RESOLUTION

Action Filed:
Trial Date:

November 15, 2012
None Set

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Pursuant to the parties Stipulation to Stay Litigation Pending Efforts Towards Informal

21 Resolution, and good cause appearing, IT IS SO ORDERED that:
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1.

All litigation proceedings, including but not limited to discovery and law and

23 motion, are stayed for 120 days from the date of this Order to allow for adequate time for
24 defendant Bank of America to process Plaintiffs loan modification application and review
25 Plaintiffs for a loan modification.
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2.

Defendants shall file and serve a responsive pleading to Plaintiffs Complaint

within 15 days of the expiration of the litigation stay.

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70000.1060/2525397.1

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[PROPOSED] ORDER RE: STIPULATION TO STAY LITIGATION

3:12-cv-05775-MEJ

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3.

The initial Case Management Conference set for February 14, 2013, and all

2 associated deadlines, is hereby vacated and shall be reset by the Court following the expiration of
3 the stay, should the case not resolve
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IT IS SO ORDERED.

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8 Dated: January 15, 2012
Honorable Maria Elena James
Magistrate Judge, United States
District Court

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70000.1060/2525397.1

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[PROPOSED] ORDER RE: STIPULATION TO STAY LITIGATION

3:12-cv-05775-MEJ