Glimidakas v. JPMorgan Chase Bank, N.A. et al

Filing 23

STIPULATION AND ORDER Staying Proceedings. Case stayed until October 16, 2013. Set/Reset Deadlines as to 8 MOTION to Dismiss Complaint. Responses due by 10/22/2013. Replies due by 10/29/2013. Motion Hearing set for 11/22/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 06/26/2013. (tmi, COURT STAFF) (Filed on 6/27/2013)

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Stephen C. Ruehmann (167533)
[e-mail]
Robin D. Shofner (272552)
[e-mail]
RUEHMANN LAW FIRM, P.C.
9580 Oak Avenue Parkway, Suite 15
Folsom, CA 95630
Tel [phone]
Fax [phone]
Attorneys for Plaintiff
NIKOS GLIMIDAKAS
KEESAL, YOUNG, & LOGAN
Julie A. Kole, (203681)
[e-mail]
Helen D. Hsueh (264745)
[e-mail]
A Professional Corporation
450 Pacific Avenue
San Francisco, CA 94133
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants
JPMORGAN CHASE BANK, N.A. (erroneously sued herein as JP MORGAN CHASE BANK,
N.A., as successor by merger to CHASE HOME FINANCE, L.L.C) and U.S. BANK, N.A.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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NIKOS GLIMIDAKAS

)
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Plaintiff,
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VS.
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JPMORGAN CHASE BANK, N.A., as
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successor by merger to CHASE HOME
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FINANCE, L.L.C.; U.S. BANK, N.A.; and )
DOES 1-100, inclusive,
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Defendants.
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)

Case No.: C 13-02484-SC
JOINT STIPULATION FOR STAY OF
PROCEEDINGS; [PROPOSED] ORDER
ACTION FILED: May 1, 2013

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JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER

KYL_SF601659

JOINT STIPULATION

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Plaintiff NIKOS GLIMIDAKAS

JPMORGAN CHASE

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BANK, N.A., (erroneously sued as JPMorgan Chase Bank, N.A., as successor by merger to

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Chase Home Finance, L.L.C) and U.S. BANK, N.A. (collectively,

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1.

Plaintiff filed his Complaint on May 1, 2013, in San Francisco County Superior

Court, Case No. CGC-13-531068;
2.

The underlying issue of this action is the potential foreclosure of the subject

property located at 15 Duboce Avenue, San Francisco, California 94103;
3.

On June 3, 2013, Defendants filed a Notice of Removal of Action with the United

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States District Court, Northern District of California (San Francisco Division) and the above-

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mentioned case was assigned Case No. 3:13-cv-02484-SC;

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on June 10, 2013 in the above5.
be filed on or before June 24, 2013;
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WHEREAS,

Dismiss must currently be filed on or before July 1, 2013;
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WHEREAS,

July 26, 2013 at 10:00 a.m. in Courtroom 1, 17th Floor, before Hon. Samuel Conti;
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WHEREAS, the Parties are currently engaged in settlement negotiations and

continue to engage in settlement negotiations in good faith.
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WHEREAS, among other

for a loan modification.
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WHEREAS, to allow the Parties (and the Court) to conserve resources and to

devote full attention to settlement, the Parties wish to stay all proceedings in this matter until
October 16, 2013, to continue exploring an amicable resolution to this matter;

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JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER

KYL_SF601659

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WHEREAS, the Parties agree that no Trustee Sale will be conducted during the

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WHEREAS, the Parties agree that this Stay can be lifted at anytime by either

stay;

party upon seven (7) days written notice;
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WHEREAS,

approved and Plaintiff accepts the terms of the modification, Plaintiff shall dismiss this action
.

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This stipulation will not result in prejudice to any party and its impact on judicial

proceedings is not expected to be significant.
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Nothing in this stipulation shall constitute a waiver of any arguments or defenses

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that Plaintiff or Defendants may wish to assert in their pleadings, all of which are expressly

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reserved.

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IT IS SO STIPULATED AND REQUESTED THAT THE COURT STAY ALL

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PROCEEDINGS IN THIS MATTER UNTIL OCTOBER 16, 2013.

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Date: June 26, 2013

RUEHMANN LAW FIRM, P.C.

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By: /s/ Stephen C. Ruehmann_____________
Stephen C. Ruehmann, Esq.
Attorney for Plaintiff
NIKOS GLIMIDAKAS

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Date: June 19, 2013

KEESAL, YOUNG, & LOGAN

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By: /s/ Helen Hsueh
Julie A. Kole, Esq.
Helen D. Hsueh, Esq.
Keesal, Young & Logan
Attorneys for Defendants JPMORGAN
CHASE BANK, N.A. (erroneously sued as
JP MORGAN CHASE BANK, N.A., as
successor by merger to CHASE HOME
FINANCE, L.L.C.) and U.S. BANK, N.A

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JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER

KYL_SF601659

[PROPOSED] ORDER

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Having considered the Stipulation between Plaintiff NIKOS GLIMIDAKAS and

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Defendants JPMORGAN CHASE BANK, N.A. (erroneously sued as JP MORGAN CHASE

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BANK, N.A., as successor by merger to CHASE HOME FINANCE, L.L.C.) and U.S. BANK,

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N.A.:

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IT IS HEREBY ORDERED:

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1. The proceedings in this action shall be stayed until October 16, 2013.

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2. The last day for Plaintiff to file and serve via overnight mail his response to

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3. The last day for Defendants to file and serve via overnight mail their reply to

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4. The hearing

rescheduled to November 22,

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2013.

NO

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on

amuel C

Judge S

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___________________________________
Judge Samuel Conti
U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ti
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06/26/2013
Dated: _______________________

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JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER

KYL_SF601659