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

Filing 26

ORDER GRANTING 25 STIPULATION CONTINUING HEARING ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE. Motion Hearing set for 7/26/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Case Management Statement due by 7/19/2013. Initial Case Management Conference set for 7/26/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/29/13. (jjoS, COURT STAFF) (Filed on 5/29/2013)

Case3:12-cv-06150-JSW Document25 Filed05/24/13 Page1 of 3

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

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UNITED STATES DISTRICT COURT

Locke Lord LLP

44 Montgomery Street, Suite 2400
San Francisco, CA 94104

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NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,
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v.
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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CASE NO. 3:12-cv-06150-JSW
JOINT STIPULATION AND
[PROPOSED] ORDER
CONTINUING HEARING DATE
FOR MOTION TO DISMISS AND
INITIAL CASE MANAGEMENT
CONFERENCE

Complaint Filed: July 13, 2012

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JOINT STIPULATION AND [PROPOSED] ORDER
Townsend v. Wells Fargo, et al., Case No. 3:12-cv-06150-JSW

Case3:12-cv-06150-JSW Document25 Filed05/24/13 Page2 of 3

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Plaintiffs Scot Townsend and Shelly Townsend (collectively, “Plaintiffs”) and defendants

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Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-1, Asset-Backed

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Certificates, Series 2007-1 and Homeward Residential, Inc. (collectively, “Defendants”)

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STIPULATE AND AGREE as follows:

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WHEREAS, Plaintiffs filed a Complaint in this action on or about July 13, 2012;

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WHEREAS, Defendants removed this action from the Alameda County Superior Court to the

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Locke Lord LLP

44 Montgomery Street, Suite 2400
San Francisco, CA 94104

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United States District Court for the Northern District of California on or about December 4, 2012;
WHEREAS, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint which is currently
set for hearing on May 31, 2013;
WHEREAS, the Initial Case Management Conference in this matter is currently scheduled
for May 31, 2013;
WHEREAS, the parties have reached a settlement in this matter and anticipate that the
settlement documents will be finalized and executed in approximately 30 – 45 days;

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STIPULATION
IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiffs and
Defendants, and subject to the approval of the Court, that:
The May 31, 2013, hearing date is vacated and the hearings on Defendants’ Motion to
Dismiss and the Initial Case Management Conference are continued to July 26, 2013.
IT IS SO STIPULATED.

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Dated: May 24, 2013

MELLEN LAW FIRM

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By: /s/ Sarah Adelaars
Matthew D. Mellen
Sarah Adelaars
Attorneys for Plaintiffs
SCOT TOWNSEND and SHELLY TOWNSEND

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JOINT STIPULATION AND [PROPOSED] ORDER
Townsend v. Wells Fargo, et al., Case No. 3:12-cv-06150-JSW

Case3:12-cv-06150-JSW Document25 Filed05/24/13 Page3 of 3

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Dated: May 24, 2013

LOCKE LORD LLP

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By: /s/ Stephanie A. Chambers
Regina J. McClendon
Stephanie A. Chambers
Attorneys for Defendants
WELLS FARGO BANK, N.A. AS TRUSTEE
FOR OPTION ONE MORTGAGE LOAN
TRUST 2007-1, ASSET-BACKED
CERTIFICATES, SERIES 2007-1 and
HOMEWARD RESIDENTIAL, INC.

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Locke Lord LLP

44 Montgomery Street, Suite 2400
San Francisco, CA 94104

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CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that she has obtained concurrence
regarding the filing of this document from the indicated signatories to the document.

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By: _______/s/ Stephanie A. Chambers ______
Stephanie A. Chambers

Dated: May 24, 2013

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[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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May 29, 2013
Dated: _____________________

_________________________________________
Hon. Jeffrey S. White
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER
Townsend v. Wells Fargo, et al., Case No. 3:12-cv-06150-JSW