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

Filing 25

AMENDED STIPULATION AND ORDER FOR STAY OF PROCEEDINGS, Motions terminated: 8 MOTION to Dismiss Complaint filed by U.S. Bank, N.A., JPMorgan Chase Bank, N.A. Signed by Judge Samuel Conti on 07/01/2013. (tmi, COURT STAFF) (Filed on 7/1/2013)

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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.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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NIKOS GLIMIDAKAS

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)
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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
AMENDED JOINT STIPULATION FOR
STAY OF PROCEEDINGS; [PROPOSED]
ORDER
ACTION FILED: May 1, 2013

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AMENDED JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER
KYL_SF602848

AMENDED JOINT STIPULATION

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Plaintiff NIKOS GLIMIDAKAS (“Plaintiff”), and Defendants JPMORGAN CHASE

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BANK, N.A., (“Chase”) (erroneously sued as JPMorgan Chase Bank, N.A., as successor by

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merger to Chase Home Finance, L.L.C) and U.S. BANK, N.A. (collectively, “Defendants”),

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(collectively “Parties”) by and through their counsel of record, hereby stipulate and request as

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follows:

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1.

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

Court, Case No. CGC-13-531068;
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The underlying issue of this action is the potential foreclosure of the subject

property located at 15 Duboce Avenue, San Francisco, California 94103;
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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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4.

WHEREAS, Defendants timely filed a Motion to Dismiss Plaintiff’s Complaint

on June 10, 2013 in the above-entitled Court (“Motion to Dismiss”);
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WHEREAS, the Parties thereafter reached a tentative agreement regarding a stay

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of proceedings, extension for Plaintiff’s response to Defendants’ Motion to Dismiss, extension

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for Defendants’ reply to Plaintiff’s response, and the hearing on Defendants’ Motion to Dismiss,

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and prepared a draft Stipulation setting forth this agreement (the “Prior Stipulation”);
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WHEREAS, Plaintiff filed a First Amended Complaint against Defendants on

June 24, 2013;

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7.

WHEREAS, Plaintiff filed the Prior Stipulation on June 26, 2013;

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WHEREAS, the Court issued an Order on June 26, 2013 based on the Prior

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Stipulation, staying the proceedings in this action until October 16, 2013 (the “Stay”) and setting
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forth deadlines for Plaintiff’s response to Defendants’ Motion to Dismiss, Defendants’ reply to
Plaintiff’s response, and the hearing on Defendants’ Motion to Dismiss;

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AMENDED JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER
KYL_SF602848

9.

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WHEREAS, the deadlines pertaining to Defendants’ Motion to Dismiss as

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referenced in the Court’s June 26, 2013 Order were rendered moot by Plaintiff’s filing of the

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First Amended Complaint;

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June 26, 2013 only to the extent the Prior Stipulation addressed the deadlines for filings related
to and the hearing on Defendants’ Motion to Dismiss

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WHEREAS, this Stipulation is intended to supersede the Prior Stipulation filed on

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WHEREAS, the Parties jointly request that the Court vacate the deadlines and

hearing date regarding Defendants’ Motion to Dismiss as forth in the Court’s June 26, 2013

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Order;
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WHEREAS, in the event that Plaintiff is not successful in obtaining a loan

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modification and the Stay currently in effect is lifted as a result thereof, the Parties agree that
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Defendants’ deadline to file and serve a response to the First Amended Complaint shall be
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November 15, 2013 or thirty (30) days after the Stay is lifted;
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This stipulation will not result in prejudice to any party and its impact on judicial

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proceedings is not expected to be significant.
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14.

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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15.

Except as amended herein, the Prior Stipulation and June 26, 2013 Order shall

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remain in effect.
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IT IS SO STIPULATED AND REQUESTED THAT THE DEADLINES AND HEARING
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DATE ASSOCIATED WITH DEFENDANTS’ MOTION TO DISMISS AS SET FORTH IN
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THE COURT’S JUNE 26, 2013 ORDER BE VACATED, AND DEFENDANTS’ DEADLINE
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TO FILE AND SERVE A RESPONSE TO THE FIRST AMENDED COMPLAINT (IF
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AMENDED JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER
KYL_SF602848

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NECESSARY) SHALL BE NOVEMBER 15, 2013 OR THIRTY DAYS AFTER THE STAY IS

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LIFTED.

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RUEHMANN LAW FIRM, P.C.

Date: June 27, 2013

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

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KEESAL, YOUNG, & LOGAN

Date: June 26, 2013

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By: _/s/ Helen D. 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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[PROPOSED] ORDER

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Having considered the Amended Stipulation between Plaintiff NIKOS GLIMIDAKAS
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and 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. This Order supersedes the Order entered on June 26, 2013 only to the extent it
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references deadlines concerning Defendants’ Motion to Dismiss.
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AMENDED JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER
KYL_SF602848

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2. Plaintiff’s deadline to respond to Defendants’ Motion to Dismiss, Defendants’

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deadline to reply to Plaintiff’s response, and the November 22, 2013 hearing on

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Defendants’ Motion to Dismiss are hereby vacated.

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3. In the event that Plaintiff is unsuccessful in obtaining a loan modification and the

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Stay currently in effect is lifted as a result thereof, the last day for Defendants to

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file and serve a response to Plaintiff’s First Amended Complaint will be

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November 15, 2013 or thirty (30) days after the Stay is lifted.

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onti

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Judge S

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___________________________________
Judge Samuel Conti
U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNIT
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07/01/2013
Dated: _______________________

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AMENDED JOINT STIPULATION FOR STAY OF PROCEEDINGS; [PROPOSED] ORDER
KYL_SF602848