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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1 2 3 4 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: (415) 397-2700 Facsimile: (415) 397-3300 5 6 7 Attorneys for Defendant SOUTHWEST BUSINESS CORPORATION 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 9 10 11 12 MARGO PERRYMAN, on behalf of herself and others similarly situated, 13 Plaintiff, 14 vs. 15 17 LITTON LOAN SERVICING, LP; OCWEN LOAN SERVICING LLC; SOUTHWEST BUSINESS CORPORATION; AMERICAN SECURITY INSURANCE COMPANY, and DOES 1-100, inclusive 18 Defendants. 16 19 20 21 22 23 24 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 25 Loan Servicing, LLC, Assurant Inc. and American Security Insurance Co., Case No. 0:14-60649- 26 JAL (S.D.Fla.) (“Lee”), which judgment enjoins Perryman from prosecuting her claims against 27 certain defendants in this action; 28 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 1 2 brief in the 11th Circuit on December 23, 2015; 3 WHEREAS, on January 14, 2016 the United States District Court for the Southern District 4 of New York preliminarily approved a class settlement in Lyons et al. v. Litton Loan Servicing LP 5 et al., Case No. 1:13-cv-00513 (S.D.N.Y.) (“Lyons”), which preliminary approval order enjoins 6 Perryman from prosecuting her claims against certain defendants in this action; WHEREAS, on January 15, 2016, Perryman filed a Second Amended Complaint (SAC), 7 8 including claims against SWBC; WHEREAS, SWBC intends to file a motion to stay this action as to SWBC pending final 9 10 resolution of the settlement proceedings in Lee and Lyons; WHEREAS, Perryman and SWBC agree that, SWBC’s time to respond to the SAC, should 11 12 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 13 14 15 to the Court's approval: • motion to stay; and 16 17 SWBC’s time to respond to the SAC shall be set by the Court upon resolution of SWBC’s • This will not alter the existing deadlines for other defendants in this action. 18 19 20 21 22 23 24 25 26 27 SEEN AND AGREED: Dated: January 28, 2016 LAW OFFICE OF SHERI L. KELLY By: _/s/Sheri L. Kelly________________ SHERI L. KELLY slk@sherikellylaw.com 31 E. Julian Street San Jose, CA 95112 Telephone: (408) 287-7712 Facsimile: (408) 583-4249 Attorney for Plaintiff Margo Perryman 28 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 1 Dated: January 28, 2016 2 DILLINGHAM & MURPHY, LLP By: _/s/Dennis J. Kelly_______________ DENNIS J. KELLY 353 Sacramento Street, Suite 2000 San Francisco, California 94111 Telephone: (415) 397-2700 Facsimile: 415) 397-3300 Attorney for Defendant Southwest Business Corporation 3 4 5 6 7 8 9 10 11 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 12 13 14 15 16 By: _/s/Dennis J. Kelly______________ 353 Sacramento Street, Suite 2000 San Francisco, California 94111 Telephone: (415) 397-2700 Facsimile: 415) 397-3300 Attorney for Defendant Southwest Business Corporation 17 18 19 20 21 22 23 24 25 26 27 28 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 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION, IT IS SO ORDERED: • motion to stay; and 14 ER H 13 RT 12 nS J u d ge J o R NIA 11 . Ti ga r FO 10 VE APPRO The Honorable Jon S. Tigar United States Judge D RT U O 9 S DISTRICT TE C TA ________________________________ NO 8 Dated: January 29, 2016 S 7 This will not alter the existing deadlines for other defendants in this action. UNIT ED 6 • LI 4 5 SWBC’s time to respond to the SAC shall be set by the Court upon resolution of SWBC’s A 3 N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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