Vasquez v. Bank of America , N.A.

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER FOR STAY OF PROCEEDINGS filed by Tina M. Vasquez. Signed by Judge Jon S. Tigar on May 6, 2014. (wsn, COURT STAFF) (Filed on 5/6/2014)

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Matthew Mellen (SBN: 233350)
Sarah Adelaars (SBN: 281748)
MELLEN LAW FIRM
411 Borel Ave, Suite 230
San Mateo, California 94402
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiff
TINA M. VASQUEZ
Lila Y. Al-Marhoon (SBN: 263654)
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone:
310.315.8200
Facsimile:
310.315.8210
Email:
[e-mail]
Attorney for Defendants
BANK OF AMERICA, N.A.
THE BANK OF NEW YORK MELLON

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TINA M. VASQUEZ, an individual,

CASE NO.: 3:13-CV-02902-JST

Plaintiff,

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JOINT STIPULATION FOR STAY OF
PROCEEDINGS; [PROPOSED]
ORDER

v.
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BANK OF AMERICA, N.A., a national
association; THE BANK OF NEW YORK
MELLON; and Does 1-50, inclusive,

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Defendants.
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JOINT STIPULATION FOR STAY OF PROCEEDINGS

RECITALS

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This stipulation is entered into by and between Plaintiff TINA VASQUEZ (“Plaintiff”)

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and Defendants BANK OF NEW YORK MELLON and BANK OF AMERICA (“Defendants”).

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The parties, by and through their respective counsel, hereby stipulate and agree as follows:

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1. WHEREAS, Plaintiff filed the above-referenced action on June 24, 2013;

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2. WHEREAS, following a series of amendments and Motions, on April 22, 2014, the Court

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issued an Order on Defendants’ Motion to Dismiss Plaintiff’s Second Amended

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Complaint. As a result of the Order, Defendants are required to file an Answer to the

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surviving causes of action by no later than May 12, 2014 and a Joint Case Management
Conference is currently scheduled for May 28, 2014;

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3. WHEREAS, on or around March 20, 2014, Plaintiff received a Trial Payment Plan from

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Defendants whereby she is required to make three monthly payments beginning on April

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1, 2014;
4. WHEREAS, following the completion of the Trial Payment Plan, in or around June 2014,

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Plaintiff is expected to receive a permanent loan modification;

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5. WHEREAS, following receipt of a permanent loan modification, the parties have agreed

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to endeavor to reach a final settlement of this matter in its entirety;

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6. WHEREAS, the Parties agree that judicial economy and the interests of the parties in

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avoiding unnecessary expenses would be best served and promoted by stay the litigation

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for a period of one-hundred and twenty (120) days, in order to reach a settlement of this

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matter.

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STIPULATION

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NOW, THEREFORE, Plaintiff and Defendants, by and through their respective counsel,

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in order to continue their settlement negotiations, reduce the costs of litigation, and unburden the

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Court’s docket, agree and stipulate as follows:

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///

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///
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JOINT STIPULATION FOR STAY OF PROCEEDINGS

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1. The litigation is stayed, in its entirety, for a period of one-hundred and twenty (120) days,
up to, and including, August 22, 2014.
IT IS HEREBY AGREED TO AND STIPULATED:

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DATE: MAY 5, 2014

MELLEN LAW FIRM

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By: __/s/ Sarah Adelaars_____________
Sarah Adelaars
Attorney for Plaintiff
TINA VAQUEZ

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DATE: MAY 5, 2014

MCGUIREWOODS LLP

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By: ___/s/ Lila Y. Al-Marhoon___________
Lila Y. Al-Marhoon
Attorney for Defendants
BANK OF NEW YORK MELLON
BANK OF AMERICA

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JOINT STIPULATION FOR STAY OF PROCEEDINGS

[PROPOSED] ORDER

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IT IS SO ORDERED.

DATE: _________________
May 6, 2014

Hon. Jon S. Tigar

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J u d ge J o

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ERED
O ORD
______________________________
IT IS S

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days, up to, and including, August 22, 2014.

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1. The litigation is stayed, in its entirety, for a period of one-hundred and twenty (120)

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NEW YORK MELLON and BANK OF AMERICA and good cause appearing therefore,

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Having reviewed the Stipulation of Plaintiff TINA VASQUEZ and Defendants BANK OF

UNIT
ED

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N

D IS T IC T
R

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JOINT STIPULATION FOR STAY OF PROCEEDINGS

OF

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