Apostol v. CitiMortgage, Inc. et al

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER. Defendants shall file their Motions to Dismiss First Amended Complaint by 09/27/2013. Responses due by 10/21/2013. Replies due by 11/6/2013. Hearing set for 11/20/2013 02:00 PM in Co urtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Further Case Management Conference set for 12/17/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 08/28/2013. (Hearings set for 9/25/2013 and 10/22/2013 are vacated.)(jmdS, COURT STAFF) (Filed on 8/28/2013)

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MAYER BROWN LLP
JOHN NADOLENCO (SBN 181 128)
j nado I enc o@m ay er b r ow n. c om
STEVEN E. RrCH (SBN re84t2)

LEVENE, NEALE, BENDER, YOO &
BzuLL L.L,P.
rRV M. GROSS (SBN 536se)

Attorneys for Defendants CITIMORTGAGE,
INC., CITI RESIDENTIAL LENDING, f\IC.,
CR TITLE SERVICES, [NIC., ANd MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.

Attorneys for Defendants CRYSTAL
MOORE and BRYAN BLY

[e-mail]
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]

[e-mail]
10250 Constellation Boulevard, Suite 1700
Los Angeles, Californi a 90067
Telephone: (3 I0) 229 -1234
Facsimile: (3 l0) 229-1244

LAW OFFICES OF MARK LAPHAM, ESQ.
MARK LAPHAM, ESQ. (SBN r463s2)
751 Diablo Rd.
Danville, CA94526
Tel'. (92s) 837-e007
Fax: [phone]

Attorneys for Plaintiff,
OBED M. APOSTOL, JR.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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OBED APOSTOL, IR., an individual;

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Plaintifl

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Case No. : 3 : 13-cv-01983-WHO

JOINT STIPULATION (1) SETTING
MOTION TO DISMISS BRIEFING
SCHEDULE AND HEARING DATE ON
FIRST AMENDED COMPLAINT, AND (2)
RESCIIEDULING CASE MANAGEMENT
CONFERENCE; DECLARATION OF
STEVEN E. RICH; [ ORDER

CITIMORTGAGE, INC., a New York
Corporation; CITI RESIDENTIAL LENDING,
INC., a national banking association; CR TITLE
SERVICES, fNIC., a Delaware Corporation;
[Civ. L.R. 6-2 AND 7-121
CRYSTAL MOORE, an individual; BRYAN
BLY, an individual; MORTGAGE
First Amended Complaint filed: August
ELECTRONIC REGISTRATION SYSTEMS,
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INC., a Delaware Corporation; and DOES 1
through 100, inclusive,

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Defendants

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JOrNT STIPULATION (1 ) SETTINGMOTION TO DISMISS BRIEFING SCHEDULE AND HEARINGDATE
ON FIRST AMENDED COMPLAINT, AND (2) RESCT{EDULING CASE MANAGBMENT CONFERENCE;
IPROPOSEDI ORDER; CASE NO. 3:13-CV-01e83-WHO

This Stipulation is entered into by and between Plaintiff Obed M. Apostol,

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Jr.

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("Plaintiff'), Defendants CitiMoftgage,Inc., Citi Residential Lending, Inc., CR Title

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Inc., (collectively "Citi"), Defendant Mortgage Electronic Registration Systems, Inc. ("MERS"),

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and Defendants Crystal Moore and Bryan Bly ("Moore

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MERS, the "Parties"), pursuant to Civil Local Rules 6-2 andT-12 as follows:

A.

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B.

and

On April 30, 2013, Plaintiff filed his Complaint (the "Complaint") against Citi,

On June 26,2013, Plaintiff, Citi and MERS filed a stipulation setting July 29,

2013 as the deadline for Citi and MERS to respond to the Complaint. Dkt. No. 12.

C.

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Plaintifl Citi,

MERS, and Moore & Bly (collectively, the "Defendants").

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and with

RECITALS

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& Bly,"

Services,

"Citi

&, MERS

D.

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On July 29, 2013, Citi and MERS flrled a motion to dismiss the Complaint (the

Motion"). Dkt. Nos. 2l-22.
Also on July 29,2013, Moore & Bly filed a motion to dismiss the Complaint (the

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"Moore & Bly Motion," and with the Citi & MERS Motion, the "Motions"). Dkt. Nos. 19-20;

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23.

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E.

On August 2, 2013, on stipulation by the parties (Dkt. No. 24), the Court ordered

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that Plaintiff shall file his respective oppositions to the Motions on August 19,2013', that Citi,

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MERS and Moore & Bly shall file their respective reply briefs on September 4,2013; that the

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hearing on the Motions shall be on September 25, 2013

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Management Conference shall be on October 22,2013 at2'.00 p.m. Dkt. No. 25.

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F.

at 2:00 p.m., and that a

Case

On August 19, 2013, instead of filing oppositions to the Motions, Plaintiff filed

his First Amended Complaint (the "FAC") against Citi, MERS, and Moore & Bly

G.

Given the new causes

of action

asserted

in Plaintiff s

161-paragraph, 7-count

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FAC, the number of Parties on each side, and the schedules of counsel, the Parties conferred with

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each other and agreed to the following coordinated briefing scheduling and hearing date.

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H.

Citi, MERS and Moore & Bly shall file their respective motions to dismiss the

FAC (the "Motions to Dismiss the FAC") by Septemb er 27 ,2013.
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JOrNT STTPULATION (1 ) SETTTNGMOTTON TO DISMISS BRIEFING SC}IEDULE AND I{EARING DATE

ONFIRST AMBNDBD CoMPLAINT, AND (2) RESCMDULING CASE MANAGEMENT CONFERENCE;
IPROPOSEDI ORDER; CASE NO. 3:13-CV-01e83-WHO

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I.

Plaintiff shall file his respective oppositions to the Motions to Dismiss the FAC

by October 27, 2013.

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Citi, MERS and Moore & Bly shall file their respective reply briefs by November

6, 2073.

K.

The hearing on the Motions to Dismiss the FAC shall be on November 20,2013

at 2:00 p,m.

L.

The Parties further believe that good cause exists to reschedule the.CMC from

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October 22,2013 to December 77,2013 aI2:00 p.m., so as to conserve the resources of the

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Parties and the Court while dispositive motions on the FAC are pending.

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M.

Except as described herein, this Stipulation will have no effect on the schedule for

the case.

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AGREEMENT

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NOW, TI{EREFORE, based upon the foregoing, the Parties hereby STIPULATE AND

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AGREE AS FOLLOWS, subject to Court approval:

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The Parties incorporate by reference each of the Recitals contained in paragraphs

A through M hereinabove as if set forth in full herein.

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The Parties agree to the briefing schedule and hearing and CMC date set forth in

Recitals H through L above.

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IT IS SO STIPULATED.

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DATED: August 26,2073

MAYER BROWN LLP

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By /s/ Steven E. Rich
Steven E. Rich
Attorneys for Defendants
CITIMORTGAGE, INC., CITI RESIDENTIAL LENDING,
fNC., CR TITLE SERVICES, INC., and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.
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JOrNT STTPULATTON (1 ) SETTTNGMOTION TO DISMISS BRIEFIN G SCI{EDLILE AND I{EARING DATE
ON FIRST AMENDED COMPLAINT, AND (2) RES CHEDULING CASE MANAGEMENT CONFERENCE;
IPROPOSEDI ORDER; CASE NO. 3:13-CV-01983-WHO

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DATED: August 26,2013

LEVENE, NEALE, BENDER, YOO & BRILL L.L.P

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By /s/ Irv M. Gross
Irv. M. Gross
Attorneys for Defendants
CRYSTAL MOORE AND BRYAN BLY

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DATED: August 26,2073

LAW OFFICES OF MARK LAPHAM, ESQ

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By /s/ Mark Lapham
Mark Lapham
Attorneys for Plaintiff OBED M. APOSTOL,

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JOINT STIPULATION (1) SETTING MOTION TO DISMISS BRIEFING SC}IEDULE AND MARING DATE
oN FrRST AMENDED Colæl¡.rNT, AND (2) RESCÉTEDULING cASE MANAGEMENT CoìIFERENCE_;
IPROPOSEDI ORDER; CASE NO. 3:13-CV-01983-WHO

DECLARATION OF STEVEN E. RICH

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I, Steven E. Rich, declare:

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am an attorney atlaw duly admitted to practice before this Court and all coutts in the

California. I am a counsel at Mayer Brown LLP, attorneys of record for Defendants

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State of

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CitiMortgage, Inc., Citi Residential Lending, Inc., and CR Title Services, Inc., (collectively

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"Citi"),

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submitting this declaration in support of the Joint Stipulation (1) Setting Motion To Dismiss

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Briefing Schedule And Hearing Date On First Amended Complaint, and (2) Rescheduling Case

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Management Conference. I have personal knowledge of the facts stated herein and could testify

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and

A.
B.

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On April 30,2013, Plaintiff filed his Complaint (the "Complaint") against Citi,

On June 26, 2013, Plaintiff, Citi and MERS filed a stipulation setting July 29,

2Ol3 as the deadline for Citi and MERS to respond to the Complaint.

C.

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am

MERS, and Moore & Bly (collectively, the "Defendants").

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("MERS"). I

would competently testify thereto if called as a witness.

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and Defendant Mortgage Electronic Registration Systems, Inc.

"Citi

&, MERS

D.

On July 29, 2013, Citi and MERS filed a motion to dismiss the Complaint (the
Motion").
Also on July 29,2013, Moore & Bly filed a motion to dismiss the Complaint (the

"Moore & Bly Motion," and with the Citi & MERS Motion, the "Motions").

E.

On August 2,2013, on stipulation by the parties, the Court ordered that Plaintiff

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shall file his respective oppositions to the Motions on August 19, 2013; that Citi, MERS and

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Moore & Bly shall file their respective reply briefs on September 4,2013; that the hearing on the

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Motions shall be on September 25,2013 at 2:00 p.m.; and that a Case Management Conference

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shall be on October 22,2013 at 2'.00 p.m,

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F.

On August 79,2013, instead of filing oppositions to the Motions, Plaintiff filed

his First Amended Complaint (the "FAC") against Citi, MERS, and Moore & Bly.

G.

Given the new causes

of action

asserted

in Plaintiffls

161-paragraph, 7-count

FAC, the number of Parties on each side, and the schedules of counsel, the Parties conferred with
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JOrNT STIPULATION (1 ) SETTING MOTION TO DISMISS BRIEFING SCHEDULE AND IIEARING DATE
ON FIRST AMENDED COMPLAINT, AND (2) RESC}IEDULING CASE MANAGEMENT CONFERENCE;
IPROPOSEDI ORDER; CASE NO. 3:13-CV-01983-WHO

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each other and agreed to the following coordinated briefing scheduling and hearing date,

H.

Citi, MERS and Moore & Bly shall file their respective motions to dismiss the

FAC (the "Motions to Dismiss the FAC") by September 27,2013.

I.

Plaintiff shall file his respective oppositions to the Motions to Dismiss the FAC

by October 21, 2013.

J.

Citi, MERS and Moore & Bly shall file their respective reply briefs by November

6,2013.

K.

The hearing on the Motions to Dismiss the FAC shall be on November 20,2013

at 2:00 p.m.

L.

The Parties further believe that good cause exists to reschedule the CMC from

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October 22,2013 to December 77,2013 at 2:00 p.m., so as to conserve the resources of the

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Parties and the Couft while dispositive motions on the FAC are pending.

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M.

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the case.

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Except as described herein, this Stipulation will have no effect on the schedule for

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declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.
Executed on this 26th day of August 2013, in Los Angeles, california.

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E. Rich

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SETTINGMOTION TO DISMISS BRIEFING SCI{EDULE AND MARING DATE
ONFIRST AMENDED COMPLAINT, AND (2) RESCITEDULING CASE MANAGEMENT CONFERENCE;

JOrNT STTPULATION

(1 )

IPROPOSEDI ORDER; CASE NO. 3:13-CV-01983-WHO

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated

August 28

2013

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Hon. William H. Orrick
United States District Judge

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FILER'S ATTESTATION
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Pursuant to General Order No. 45, $ X(B), I attest under penalty of perjury that

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concurrence in the filing of the document has been obtained from all of the signatories.

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DATED: August 26,2073
/s/ Steven E. Rich
Steven E. Rich

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(l ) SETTTNGMOTION

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TO DISMISS BRIEFING SCFIEDULE AND MARING DATE
ONFIRST AMENDED COMPLAINT, AND (2) RESCIIEDULING CASE MANAGEMENT CONFERENCE;
IPROPOSEDI ORDER; CASE NO, 3:13-CV-01983-WHO

JOrNT STIPULATION