Verhoek v. U.S. Bank National Association et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT filed by Christina Verhoek. Signed by Judge Edward M. Chen on 3/5/15. (bpf, COURT STAFF) (Filed on 3/5/2015)

Case3:14-cv-04821-EMC Document30 Filed02/26/15 Page1 of 2

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Nathan L. Scheg, SBN 197282
IRONHORSE LAW GROUP, PC
1820 Bonanza Street, Ste. 200
Walnut Creek, CA 94596
[phone] Phone
[phone] eFax
Attorneys for Plaintiff Christina Verhoek

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTINA VERHOEK, an
individual,

)
)
)
Plaintiff,
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vs.
)
)
U.S. BANK NATIONAL
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ASSOCIATION, a business entity of )
unknown form; U.S. BANK HOME )
MORTGAGE, a business entity of
)
unknown form; and DOES 1-50,
)
)
Defendants.
)
)

Case No. 14-cv-04821-EMC
[Assigned to the Honorable Edward M.
Chen]
REQUEST AND STIPULATION TO
EXTEND TIME TO FILE FIRST
AMENDED COMPLAINT

[filed: September 30, 2014]

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TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN

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DISTRICT OF CALIFORNIA, ALL PARTIES AND THEIR ATTORNEYS OF

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RECORD:

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Defendant US Bank N.A. (also erroneously sued as U.S. Bank Home

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Mortgage) (“US Bank”) filed a motion to dismiss Plaintiff Christina Verhoek

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(“Verhoek”)’s Complaint. At the hearing on the motion to dismiss held on January

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29, 2015, the Court and the parties discussed the timeline pled in the Complaint

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regarding the loan modification submission, trial period plan offer and denial of a

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permanent modification. The Court granted Verhoek leave to amend the complaint

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to address some of the issues raised at the hearing. US Bank has subsequently sent
-1REQUEST AND STIPULATION TO EXTEND TIME TO FILE FIRST
AMENDED COMPLAINT

14-cv-04821-EMC

Case3:14-cv-04821-EMC Document30 Filed02/26/15 Page2 of 2

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Verhoek documents showing what it claims is the true timeline of submissions and

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indicated its belief that the Complaint contained material misrepresentations in

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violation of FEDERAL RULE OF CIVIL PROCEDURE, RULE 11(b). Verhoek’s counsel

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needs additional time to review the documents before filing a First Amended

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Complaint. US Bank and Verhoek have stipulated to extend Verhoek’s time to file

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a First Amended Complaint.

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The parties therefore stipulate and agree that, with the Court’s permission and

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order, Verhoek’s time to file a First Amended Complaint is continued to March 6,

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2015. US Bank shall have 21 days from the filing of the First Amended Complaint

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to respond to it, including through a motion to dismiss. US Bank has not waived

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any objection to the venue or to the jurisdiction of the court over the person of the

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defendant, or any other challenge to the complaint or other pleadings in this case.

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DATED: February 25, 2015

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By

/s/ Frederick A. Haist
E. SCOTT PALMER
FREDERICK A. HAIST
PALMER, LOMBARDI & DONOHUE LLP
Attorneys for US Bank N.A.

By

/s/ Nathan L. Scheg
NATHAN L. SCHEG
IRONHORSE LAW GROUP, PC
Attorneys for Christina Verhoek

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DATED: February 25, 2015

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_________________________________
United States District Court Chen
Judge
d M.
NO

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I

ERED

R NIA

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3/5

DATED: ____________, 2015

ORD
T IS SO

RT

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dwar

Judge E

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-2REQUEST AND STIPULATION TO EXTEND TIME TO FILE FIRST
AMENDED COMPLAINT

A

H

ER

LI

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UNIT
ED

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RT
U
O

S

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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14-cv-04821-EMC