Perryman v. Litton Loan Servicing, LP et al

Filing 228

STIPULATION AND ORDER re #225 STIPULATION WITH [PROPOSED] ORDER re JOINT STIPULATION RE DEFENDANT SOUTHWEST BUSINESS CORPORATIONS RESPONSE TO PLAINTIFFS SECOND AMENDED COMPLAINT filed by Southwest Business Corporation. Signed by Judge Jon S. Tigar on January 29, 2016. (wsn, COURT STAFF) (Filed on 1/29/2016)

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DILLINGHAM & MURPHY, LLP
DENNIS J. KELLY (SBN No. 191414)
J. CROSS CREASON (SBN No. 209492)
353 Sacramento Street, Suite 2000
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
SOUTHWEST BUSINESS CORPORATION

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MARGO PERRYMAN, on behalf of herself
and others similarly situated,

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Plaintiff,

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vs.

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LITTON LOAN SERVICING, LP; OCWEN
LOAN SERVICING LLC; SOUTHWEST
BUSINESS CORPORATION; AMERICAN
SECURITY INSURANCE COMPANY, and
DOES 1-100, inclusive

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Defendants.

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Case No. 3:14-cv-02261-JST
JOINT STIPULATION RE DEFENDANT
SOUTHWEST BUSINESS
CORPORATION’S RESPONSE TO
PLAINTIFF’S SECOND AMENDED
COMPLAINT
Date:
Time:
Judge:
Courtroom:

TBD
TBD
Hon. Jon S. Tigar
9, 19th Floor

Pursuant to Civil L.R. 7-12, 6-1 (b ), it is hereby stipulated by and between Southwest

Business Corporation (“SWBC”) and plaintiff Margo Perryman (“Perryman”) through their
respective attorneys, that:
WHEREAS, on February 26, 2015, pursuant to Fed. R. Civ. P. 12(b)(6), the Court
dismissed Perryman’s First Amended Complaint as against SWBC, with leave to amend;
WHEREAS, on September 14, 2015, the Final Judgment was entered in Lee v. Ocwen

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Loan Servicing, LLC, Assurant Inc. and American Security Insurance Co., Case No. 0:14-60649-

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JAL (S.D.Fla.) (“Lee”), which judgment enjoins Perryman from prosecuting her claims against

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certain defendants in this action;

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Page 1 – Case No. 3:14-cv-02261
JOINT STIPULATION RE DEFENDANT SOUTHWEST BUSINESS CORPORATION’S
RESPONSE TO PLAINTIFF’S SECOND AMENDED COMPLAINT AND [PROPOSED]
ORDER

WHEREAS, Perryman has filed a Notice of Appeal in Lee, and filed her opening appellate

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brief in the 11th Circuit on December 23, 2015;

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WHEREAS, on January 14, 2016 the United States District Court for the Southern District

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of New York preliminarily approved a class settlement in Lyons et al. v. Litton Loan Servicing LP

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et al., Case No. 1:13-cv-00513 (S.D.N.Y.) (“Lyons”), which preliminary approval order enjoins

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Perryman from prosecuting her claims against certain defendants in this action;
WHEREAS, on January 15, 2016, Perryman filed a Second Amended Complaint (SAC),

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including claims against SWBC;
WHEREAS, SWBC intends to file a motion to stay this action as to SWBC pending final

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resolution of the settlement proceedings in Lee and Lyons;
WHEREAS, Perryman and SWBC agree that, SWBC’s time to respond to the SAC, should

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be extended until such date as the Court sets, if any, upon resolution of SWBC’s motion to stay;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject

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to the Court's approval:
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motion to stay; and

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SWBC’s time to respond to the SAC shall be set by the Court upon resolution of SWBC’s

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This will not alter the existing deadlines for other defendants in this action.

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SEEN AND AGREED:
Dated: January 28, 2016

LAW OFFICE OF SHERI L. KELLY
By: _/s/Sheri L. Kelly________________
SHERI L. KELLY
[e-mail]
31 E. Julian Street
San Jose, CA 95112
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
Margo Perryman

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Page 2 – Case No. 3:14-cv-02261
JOINT STIPULATION RE DEFENDANT SOUTHWEST BUSINESS CORPORATION’S
RESPONSE TO PLAINTIFF’S SECOND AMENDED COMPLAINT AND [PROPOSED]
ORDER

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Dated: January 28, 2016

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DILLINGHAM & MURPHY, LLP
By: _/s/Dennis J. Kelly_______________
DENNIS J. KELLY
353 Sacramento Street, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415) 397-3300
Attorney for Defendant Southwest Business
Corporation

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FILER’S ATTESTATION
The undersigned filer attests, pursuant to Civil L.R. 5-1(i)(3), that concurrence in the
filing of the documents has been obtained from the other signatory to this document.
Dated: January 28, 2016

DILLINGHAM & MURPHY, LLP

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By: _/s/Dennis J. Kelly______________
353 Sacramento Street, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415) 397-3300
Attorney for Defendant Southwest Business
Corporation

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Page 3 – Case No. 3:14-cv-02261
JOINT STIPULATION RE DEFENDANT SOUTHWEST BUSINESS CORPORATION’S
RESPONSE TO PLAINTIFF’S SECOND AMENDED COMPLAINT AND [PROPOSED]
ORDER

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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motion to stay; and

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ER

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nS
J u d ge J o

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. Ti ga r

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VE
APPRO

The Honorable Jon S. Tigar
United States Judge D

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S DISTRICT
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________________________________

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Dated: January 29, 2016

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This will not alter the existing deadlines for other defendants in this action.

UNIT
ED

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•

LI

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SWBC’s time to respond to the SAC shall be set by the Court upon resolution of SWBC’s

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N

F
D IS T IC T O
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Page 4 – Case No. 3:14-cv-02261
JOINT STIPULATION RE DEFENDANT SOUTHWEST BUSINESS CORPORATION’S
RESPONSE TO PLAINTIFF’S SECOND AMENDED COMPLAINT AND [PROPOSED]
ORDER