Braich v. PHH Mortgage Corporation

Filing 21

STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT PHH MORTGAGE CORPORATION'S MOTION TO DISMISS [Dkt. #19]. MOTION to Dismiss First Amended Complaint filed by Harjinder Singh Braich. Motion Hearing set for 2/5/2015 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/4/14. (cl, COURT STAFF) (Filed on 12/4/2014)

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DAVID M. STERNBERG (SBN 96107)
ROBERT A. MILLER (SBN 208616)
JACOB M. BARLEV (SBN 235439)
DAVID M. STERNBERG & ASSOCIATES
Attorneys at Law
540 Lennon Lane
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
HARJINDER SINGH BRAICH

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CINDY HAMILTON (SBN 217951)
1900 University Avenue, 5th Floor
East Palo Alto, California 94303
Telephone [phone]
Facsimile [phone]
Attorneys for Defendant
PHH MORTGAGE CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION

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HARJINDER SINGH BRAICH,

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Plaintiff,
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v.
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PHH MORTGAGE CORPORATION, a
New Jersey corporation doing business in
California, and all persons unknown,
claiming any legal or equitable right, title,
estate, lien, or interest in the property
described in this complaint adverse to
Plaintiff’s title thereto, and DOES 1
through 30, inclusive,

Case No. 3:14-cv-04221-RS
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING ON
DEFENDANT PHH MORTGAGE
CORPORATION’S MOTION TO DISMISS
Removed from the Superior Court for the State
of California in and for the County of Alameda
Case No. RG14715378
Removal Filed:
State Court Action Filed:

09/18/14
02/26/14

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Defendants.
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TO THE COURT, TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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This Stipulation is entered into between plaintiff HARJINDER SINGH, an individual

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(“Plaintiff”), and defendant PHH MORTGAGE CORPORATION (“Defendant”) (collectively “the

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Parties”), by and through their respective attorneys of record as follows:
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S T IP U LA T IO N A N D [ PROPOSED ] O R D E R T O C O NT IN U E H EA R IN G O N
D E FE N D A NT P H H M O R T G AG E CO R P O RA T IO N ’ S MOTION TO DISMISS

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1.

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docket number 17;

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2.

WHEREAS, Plaintiff filed a First Amended Complaint on November 4, 2014, as

WHEREAS, Defendant filed a Motion to Dismiss on November 18, 2014, as docket

number 19;

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3.

WHEREAS, Plaintiff’s Opposition to the Motion to Dismiss was due on December 2,

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2014, pursuant to Civil Local Rules 7-3(a) of the United States District Court, Northern District of

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California;

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4.

WHEREAS, the hearing on Defendant’s Motion to Dismiss was initially set for

hearing on January 8, 2015, at 1:30 p.m., in Department 3, before the Honorable Richard Seeborg;

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5.

WHEREAS the Parties have agreed and hereby respectfully request that the hearing

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on the Motion to Dismiss be continued for 30 days to February 5, 2015, at 1:30 p.m., or as soon

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thereafter as is convenient for the Court;

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6.

WHEREAS, the Parties have agreed and hereby respectfully request that the deadline

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for Plaintiff to file and serve his Opposition to the Motion to Dismiss is continued for 30 days, or

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through and including January 2, 2015;

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7.

WHEREAS, this Stipulation will not have any effect on any of the other Court dates

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or hearings, as the Parties will appear at the Status Conference currently set for December 18, 2014,

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and provide the initial disclosures on or before December 10, 2014; and

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8.

WHEREAS, the Parties also agree that, should any of the above-referenced proposed

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dates be inconvenient or unacceptable for any reason, the Court has the discretion to set other dates

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that are more convenient or acceptable.

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NOW THEREFORE, the Parties stipulate and respectfully request that the Court enter an

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order continuing the hearing on Defendant’s Motion to Dismiss from January 8 to February 5, 2015,

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S T IP U LA T IO N A N D [ PROPOSED ] O R D E R T O C O NT IN U E H EA R IN G O N
D E FE N D A NT P H H M O R T G AG E CO R P O RA T IO N ’ S MOTION TO DISMISS

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or as soon thereafter as is convenient for the Court and continue the deadline for the Plaintiff to file

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and serve his Opposition from December 2, 2014 to January 2, 2015.

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IT IS SO STIPULATED

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Dated: December 2, 2014

DAVID M. STERNBERG & ASSOCIATES

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/s/ David M. Sternberg
By:

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DAVID M. STERNBERG, ESQ.
JACOB M. BARLEV, ESQ.
Attorneys for Plaintiff HARJINDER SINGH BRAICH

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Dated: December 2, 2014

GREENBERG TRAURIG, LLP

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By:
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CINDY HAMILTON, ESQ.
Attorneys for Defendant
PHH MORTGAGE CORPORATION

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION between the parties, IT IS SO ORDERED:

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1.

The hearing on Defendant’s Motion to Dismiss scheduled for January 8, 2015, at 1:30

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p.m., is continued until February 5, 2015, or as soon thereafter as is convenient for the

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Court.

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2.

Plaintiff’s Opposition is now due on January 2, 2015.

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3.

Defendant’s Reply is due in accordance with Civil Local Rules 7-3(c) of the United

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States District Court, Northern District of California.

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12/4/14
Dated:__________________

JUDGE RICHARD SEEBORG
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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S T IP U LA T IO N A N D [ PROPOSED ] O R D E R T O C O NT IN U E H EA R IN G O N
D E FE N D A NT P H H M O R T G AG E CO R P O RA T IO N ’ S MOTION TO DISMISS