Hutchins v. Bank of America , N.A.

Filing 61

ORDER GRANTING re 55 STIPULATION WITH PROPOSED ORDER to Continue Bank of America, N.A.'s Time to Respond filed by Bank of America, N.A.. Signed by Judge Joseph C. Spero on 3/31/14. (klhS, COURT STAFF) (Filed on 4/1/2014)

Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

1 BRYAN CAVE LLP
Andrea M. Hicks, California Bar No. 219836
2 Monique Jewett-Brewster, California Bar No. 217792
Sharon L. Stewart, California Bar No. 235706
3 560 Mission Street, Floor 25
San Francisco, CA 94105
[phone]
4 Telephone:
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
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7 Attorneys for Defendant
BANK OF AMERICA, N.A.
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IN THE UNITED STATES DISTRICT COURT FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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JAMES HUTCHINS,
Case No. C13-3242 JCS
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Plaintiff,
Hon. Joseph C. Spero
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vs.
JOINT STIPULATION TO CONTINUE
DEFENDANT BANK OF AMERICA,
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BANK OF AMERICA, N.A., a North
N.A.’S TIME TO RESPOND
14 Carolina corporation; and DOES 1 through 20,
inclusive,
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Defendants.
FAC Filed:
November 27, 2013
Trial Date:
Not Assigned
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SF01DOCS\124982.1\C076608\0345311
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

STIPULATION

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Defendant Bank of America, N.A. (“Defendant”) and Plaintiff James Hutchins

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3 (“Plaintiff”), by and through their respective counsel of record, hereby stipulate and agree as
4 follows:
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1. Plaintiff filed his Complaint in this action on July 12, 2013.

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2. Defendant filed a Motion to Dismiss the Complaint, which the Court granted in part

7 and overruled in part on October 28, 2013.
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3. On November 27, 2013, Plaintiff timely filed a First Amended Complaint (“FAC”).

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4. Defendant filed a Motion to Dismiss the FAC on December 16, 2013.
5. On February 25, 2013, the Court granted Defendant’s Motion to Dismiss the FAC

Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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11 without leave to amend as to the first, second, third, fourth, fifth, sixth, and ninth causes of action
12 from the FAC. Consequently, the remaining viable causes of action from the FAC are the
13 seventh cause of action for violation of Real Estate Settlement Procedures Act and eighth cause
14 of action for violation of Fair Credit Reporting Act.
6. There has been one previous time modification entered in this case. The parties

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16 previously stipulated to a thirty (30) day extension of time for Defendant to respond to Plaintiff’s
17 original Complaint.
7. Plaintiff and Defendant now agree and stipulate that Defendant’s deadline to file a

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19 responsive pleading to the remaining causes of action from Plaintiff’s FAC shall be extended
20 fourteen (14) days until and including March 25, 2014.
8. This stipulated extension will not result in prejudice to any party and its impact on

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

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24 that Plaintiff or Defendant may wish to assert in their pleadings, all of which are expressly
25 reserved.
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SF01DOCS\124982.1\C076608\0345311
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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10. This change will not alter the date of any event or any deadline already fixed by

2 Court order.
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IT IS SO STIPULATED.

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Dated: March 12, 2014

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Respectfully submitted,
MOSS and MURPHY

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By:

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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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/s/ Glen L. Moss
Glen L. Moss
Attorneys for Plaintiff
JAMES HUTCHINS

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15 Dated: March 12, 2014

Respectfully submitted,

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BRYAN CAVE LLP

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By:

/s/ Sharon L. Stewart
Sharon L. Stewart
Attorneys for Defendant
BANK OF AMERICA, N.A.

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SF01DOCS\124982.1\C076608\0345311
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

[PROPOSED] ORDER

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Having reviewed the stipulation of Plaintiff JAMES HUTCHINS and Defendant BANK

3 OF AMERICA, N.A. and good cause appearing, the deadline for Defendant to respond to the
4 seventh and eighth causes of action from Plaintiff’s First Amended Complaint is extended to
5 March 25, 2014.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

ER

R NIA

FO

Spero

LI

Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 941105

seph C.

Judge Jo

H

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RT

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________________________________
Judge of the United States District Court
Northern District of California
NO

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UNIT
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S DISTRICT
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RT
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3/31/14
8 Dated: _______________

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SF01DOCS\124982.1\C076608\0345311311
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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