Rockridge Trust et al v. Wells Fargo NA et al

Filing 90

ORDER GRANTING re 89 Stipulation To Continue Mediation Deadline to 3/31/14 filed by Bank of America NA, Wells Fargo NA. Signed by Judge Joseph C. Spero on 1/7/14. (klhS, COURT STAFF) (Filed on 1/7/2014)

1 MARK D. LONERGAN (State Bar No. 143622)
EDWARD R. BUELL, III (State Bar No. 240494)
2 MARIA SCHINDLER (State Bar No. 279043)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendants
7 WELLS FARGO BANK, N.A. and
BANK OF AMERICA, N.A.
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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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12 ROCKRIDGE TRUST, a California Trust, and
RAY K. SHAHANI, TRUSTEE, an
13 individual,
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Case No. 3:13-cv-01457-JCS
STIPULATION TO CONTINUE
MEDIATION DEADLINE PURSUANT
TO CIVIL LOCAL RULE 6-2(A)

Plaintiffs,
vs.

16 WELLS FARGO NA, a South Dakota
corporation, BANK OF AMERICA NA, a
17 North Carolina corporation, FIRST
AMERICAN TRUSTEE SERVICING
18 SOLUTION LLC, a Texas corporation, FIRST
AMERICAN LOANSTAR TRUSTEE
19 SERVICES LLC, a Texas corporation, and
DOES 1-25,
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Defendants.
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Pursuant to Civil Local Rules 6-2 and 7-12, the parties now file a joint stipulated request

24 for an extension of this Court’s deadline to complete mediation of this action. The parties
25 stipulate to complete mediation by March 31, 2013.
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After conferring with the assigned court-appointed mediator, it has become apparent that

27 mediation at this time would not result in a resolution of this matter, due to uncertainty in the
28 status of the pleadings and the vast differences in Plaintiffs’ and Defendants’ settlement positions.
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3:13-cv-01457-JCS
Rule 6-2 Stipulation

1 To avoid fruitless use of the court-appointed mediator’s time, Defendants Wells Fargo Bank,
2 N.A., Bank of America, N.A., and First American Trustee requested to continue the mediation to a
3 date after their next motion to dismiss could be heard by this Court, when they could make a more
4 informed decision as to the settlement value of the case. Plaintiffs do not object to defendant’s
5 request, and has entered into this stipulation. The next motion to dismiss is scheduled for
6 February 2014. The parties and the mediator have reserved space for a mediation, which will
7 occur on March 17, 2014, a date mutually agreeable to all parties. The parties wish to continue
8 their mediation deadline to March 31, 2013 in order to accommodate any last-minute scheduling
9 issues that could interfere with the planned March 17th mediation. Plaintiffs do not oppose this
10 continuance and join in this stipulation. L.R. 6-2(a)(1).
11

While Plaintiffs and Defendants have entered into several stipulations to extend response

12 times to pleadings and motions in order to mutually accommodate each other’s schedules, this is
13 the first stipulation to continue mediation. L.R. 6-2(a)(2).
14

This change will not have any effect on the schedule of this case. L.R. 6-2(a)(2). The

15 litigation and motion schedule for this case will be unaffected by a change in the mediation date,
16 especially since a mediation completed by the original deadline of December 31, 2013 would not
17 have resulted in a settlement. The parties wish to extend time to complete mediation due to their
18 desire to use their court-appointed mediator’s time in the most efficient way possible, and to
19 maximize the chances of settling this matter.
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21 DATED: January 3, 2014

Respectfully submitted,

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SEVERSON & WERSON
A Professional Corporation

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25
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By:

/ Maria Schindler
s/
Maria Schindler

Attorneys for Defendants WELLS FARGO BANK,
N.A. and BANK OF AMERICA, N.A.

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2

3:13-cv-01457-JCS
Rule 6-2 Stipulation

1 DATED: January 3, 2014

RAY K. SHAHANI, TRUSTEE, ROCKRIDGE TRUST

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By:

/ Ray K. Shahani
s/
Ray K. Shahani

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4

Plaintiff in PRO PER

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6 DATED: January 3, 2014

LAW OFFICES OF GLENN H. WECHSLER

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By:

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/ Lawrence D. Harris
s/
Lawrence D. Harris

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Attorneys for Defendants FIRST AMERICAN
LOANSTAR TRUSTEE SERVICES and FIRST
AMERICAN TRUSTEE SERVICING SOLUTIONS

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12

13 I, Maria Schindler am the ECF user whose identification and password are being used to file this
14 stipulation. I hereby attest that Ray Shahani and Lawrence Harris have concurred in this filing.
s/
15 / Maria Schindler

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NO

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Judge Jo

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Dated: 1/7/14

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3:13-cv-01457-JCS
Rule 6-2 Stipulation