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

Filing 34

STIPULATION AND ORDER re 33 Stipulation, filed by U.S. Bank National Association Case Management Statement due by 4/30/2015. Case Management Conference set for 5/7/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/25/14. (bpf, COURT STAFF) (Filed on 3/25/2015)

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E. Scott Palmer, Esq., SBN 155376
Email: [e-mail]
Frederick A. Haist, Esq., SBN 211322
Email: [e-mail]
PALMER, LOMBARDI & DONOHUE LLP
515 South Flower Street, Suite 2100
Los Angeles, California 90071
Phone: [phone]
Fax: [phone]
Attorneys for Defendant US Bank N.A. (also erroneously sued as U.S. Bank Home
Mortgage)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

PALMER, LOMBARDI & DONOHUE LLP
515 South Flower Street, Suite 2100
Los Angeles, California 90071

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CHRISTINA VERHOEK, an
individual,

)
)
)
Plaintiff,
)
)
vs.
)
)
U.S. BANK NATIONAL
)
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
CONTINUE DATE FOR
DEFENDANT US BANK N.A.’S
RESPONSE TO PLAINTIFFS’
COMPLAINT AND TO CONTINUE
THE CASE MANAGEMENT
CONFERENCE

[filed: September 30, 2014]

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-1REQUEST AND STIPULATION TO CONTINUE DATE FOR RESPONSE TO
COMPLAINT AND CONTINUE CASE MANAGEMENT CONFERENCE

14-cv-04821-EMC

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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”), and Plaintiff Christina Verhoek (“Verhoek”) have

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discussed settlement of this case and believe that they have a tentative settlement,

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but additional actions need to be completed before the terms can be finalized. For

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instance, US Bank has discovered that there is a lien placed on the property by the

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Homeowners’ Association for unpaid fees. This lien will need to be released before

PALMER, LOMBARDI & DONOHUE LLP
515 South Flower Street, Suite 2100
Los Angeles, California 90071

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the settlement can be finalized. The settlement will also need to be reduced to

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writing and the Parties will need to review the settlement documents. [Haist Decl.

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¶3.]

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Verhoek filed a First Amended Complaint on March 5, 2015. US Bank’s

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response to the First Amended Complaint is due on March 26, 2015. US Bank

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intends to move to dismiss the First Amended Complaint. The Parties believe that

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continuing the time for US Bank to file a motion to dismiss and continuing the case

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management conference will allow them to finalize the settlement before any further

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motion work or use of the Court’s time due to the likely settlement of the case

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within the next 30 days.

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With the Court’s permission and order, US Bank and Verhoek hereby

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stipulate to extend US Bank’s time to file a response to the First Amended

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Complaint 30 days to April 27, 2015. US Bank has not waived any objection to the

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venue or to the jurisdiction of the court over the person of the defendant, or any

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other challenge to the complaint or other pleadings in this case.

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The Court has also set a case management conference for April 2, 2015. The

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Parties request that the Court also continue that hearing for at least 30 days to allow

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any further pleading motions to be filed before the case management conference

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takes place. The Parties request and stipulate that the Court can set the case
-1REQUEST AND STIPULATION TO CONTINUE DATE FOR RESPONSE TO
COMPLAINT AND CONTINUE CASE MANAGEMENT CONFERENCE

14-cv-04821-EMC

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management conference on May 7, 2015 at 10:30 a.m., or as the Court otherwise

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orders.

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DATED: March 20, 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: March 20, 2015

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Judge E

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_________________________________
United States DistrictDERED
OR Court Judge

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3/25
DATED: ____________, 2015

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PALMER, LOMBARDI & DONOHUE LLP
515 South Flower Street, Suite 2100
Los Angeles, California 90071

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-2REQUEST AND STIPULATION TO CONTINUE DATE FOR RESPONSE TO
COMPLAINT AND CONTINUE CASE MANAGEMENT CONFERENCE

14-cv-04821-EMC