Townsend et al v. Wells Fargo Bank, N.A. et al
Filing
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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)
mellenlaw@yahoo.com
Jessica Galletta (Bar No. 281179)
mellenlaw@yahoo.com
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, California 94402
Telephone: (650) 638-0120
Facsimile: (650) 638-0125
Attorney for Plaintiffs,
SCOT TOWNSEND
SHELLY TOWNSEND
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Regina J. McClendon (Bar No. 184669)
rmcclendon@lockelord.com
Stephanie A. Chambers (Bar No. 261025)
schambers@lockelord.com
LOCKE LORD LLP
44 Montgomery Street, Suite 2400
San Francisco, CA 94104
Telephone: (415) 318-8810
Facsimile: (415) 676-5816
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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
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