Townsend et al v. Wells Fargo Bank, N.A. et al

Filing 17

ORDER GRANTING 14 Stipulation to Extend Responsive Deadlines to Defendants' Motion to Dismiss Plaintiffs' Complaint. Signed by Judge Jeffrey S. White on 1/2/13. (jjoS, COURT STAFF) (Filed on 1/2/2013)

Case3:12-cv-06150-JSW Document14 Filed12/21/12 Page1 of 4

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Matthew D. Mellen (Bar No. 233350)
[e-mail]
Jessica Galletta (Bar No. 281179)
[e-mail]
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs,
SCOT TOWNSEND
SHELLY TOWNSEND

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Regina J. McClendon (Bar No. 184669)
[e-mail]
Stephanie A. Chambers (Bar No. 261025)
[e-mail]
LOCKE LORD LLP
44 Montgomery Street, Suite 2400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendants
WELLS FARGO BANK, N.A. AS TRUSTEE
FOR OPTION ONE MORTGAGE LOAN
TRUST 2007-1, ASSET-BACKED
CERTIFICATES, SERIES 2007-1 (erroneously
sued as Wells Fargo Bank, N.A.) and
HOMEWARD RESIDENTIAL, INC. (fka
American Home Mortgage Servicing, Inc.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOT TOWNSEND, an individual; and
SHELLY TOWNSED, an individual,

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Case No. 3:12-CV-06150-JSW
STIPULATION AND [PROPOSED]
ORDER EXTENDING RESPONSE
DEADLINES TO DEFENDANTS
MOTION TO DISMISS PLAINTIFF S
COMPLAINT

Plaintiffs,
v.

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WELLS FARGO BANK, N.A., a business
entity; AMERICAN HOME MORTGAGE
SERVICING, INC., a business entity; and Does
1 through 100, inclusive,

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Defendants.

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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINES
TO DEFENDANTS MOTION TO DISMISS PLAINTIFF S COMPLAINT

Case3:12-cv-06150-JSW Document14 Filed12/21/12 Page2 of 4

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STIPULATION

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Plaintiffs SCOT TOWNSEND and SHELLY TOWNSEND ( Plaintiffs ) and Defendants

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WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN

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TRUST 2007-1, ASSET-BACKED CERTIFICATES, SERIES 2007-1 (erroneously sued as

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Wells Fargo Bank, N.A.) and HOMEWARD RESIDENTIAL, INC. (fka American Home

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Mortgage Servicing, Inc.) ( Defendants ), by and through their counsel of record, stipulate as

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follows:
WHEREAS, on or about November 5, 2012, Plaintiffs filed a Complaint against

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Defendant alleging causes of action for breach of the covenant of good faith and fair dealing,

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promissory estoppel, negligent misrepresentation, violation of Civil Code Sections 2923.5 and

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2924, breach of contract, invasion of privacy, violation of Business and Professions Code Section

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17200;

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WHEREAS, on or about December 4, 2012, Defendants removed this action to the United
States District Court - Northern District of California;
WHEREAS, on or about December 11, 2012, Defendants filed a Motion to Dismiss
Plaintiffs Complaint;
WHEREAS, Plaintiffs response to Defendants Motion to Dismiss Plaintiffs Complaint
is December 26, 2012 and Defendants reply is due January 2, 2013;

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WHEREAS, the parties have agreed to extend Plaintiffs time to respond to the Motion to

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Dismiss Plaintiffs Complaint until December 27, 2012 and Defendants reply to January 3, 2012;

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IT IS HEREBY STIPULATED THAT Plaintiffs time to respond to the Motion to

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Dismiss Plaintiffs Complaint is extended by one day until December 27, 2012 and Defendant s

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reply is extended until January 3, 2012.

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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINES
TO DEFENDANTS MOTION TO DISMISS PLAINTIFF S COMPLAINT

Case3:12-cv-06150-JSW Document14 Filed12/21/12 Page3 of 4

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SO STIPULATED:

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Dated: December 21, 2012

MELLEN LAW FIRM

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By: /s/ Jessica Galletta
Jessica Galletta
Attorney for Plaintiffs
SCOT TOWNSEND
SHELLY TOWNSEND

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Dated: December 21, 2012

LOCKE LORD LLP

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By: /s/ Regina McClendon
Regina McClendon
Attorneys for Defendants
WELLS FARGO BANK, N.A. AS
TRUSTEE FOR OPTION ONE
MORTGAGE LOAN TRUST 2007-1,
ASSET-BACKED CERTIFICATES,
SERIES 2007-1 (erroneously sued as Wells
Fargo Bank, N.A.) and HOMEWARD
RESIDENTIAL, INC. (fka America Home
Mortgage Servicing, Inc.)

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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINES
TO DEFENDANTS MOTION TO DISMISS PLAINTIFF S COMPLAINT

Case3:12-cv-06150-JSW Document14 Filed12/21/12 Page4 of 4

ORDER

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IT IS HEREBY ORDERED that, pursuant to the Stipulation by and between Plaintiffs and

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Defendants, Plaintiffs time to respond to the Motion to Dismiss Plaintiffs Complaint is extended

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until December 27, 2012 and Defendant s reply is extended until January 3, 2012

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January 2, 2013
Dated: ____________________
Honorable Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER EXTENDING RESPONSE DEADLINES
TO DEFENDANTS MOTION TO DISMISS PLAINTIFF S COMPLAINT