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

Filing 41

STIPULATION AND ORDER re 37 Request and Stipulation to Continue Briefing Dates on Defendant US Bank N.A.'s Motion to Dismiss to Plaintiff's First Amended Complaint and to Continue the Case Management Conference filed by U.S. Ba nk National Association. Responses due by 6/11/2015. Replies due by 6/18/2015. Motion Hearing set for 7/2/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Statement due by 7/30/2015. Case Management Conference reset for 8/6/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/4/15. (bpf, COURT STAFF) (Filed on 5/4/2015)

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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 BRIEFING DATES ON
DEFENDANT US BANK N.A.’S
MOTION TO DISMISS TO
PLAINTIFF’S FIRST AMENDED
COMPLAINT AND TO CONTINUE
THE CASE MANAGEMENT
CONFERENCE

[filed: September 30, 2014]

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-1REQUEST AND STIPULATION TO CONTINUE BRIEFING DATES ON
MOTION TO DISMISS AND TO CONTINUE THE CMC

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 proposed 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 lien was over $26,000, which will require

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further calculations for the proposed settlement and has required further time to

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determine all of the terms of the proposed settlement. The settlement will also need

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to be reduced to writing and the Parties will need to review the settlement

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documents. [Haist Decl. ¶3.]
Verhoek filed a First Amended Complaint on March 5, 2015. After obtaining

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an extension, US Bank filed a motion to dismiss the First Amended Complaint on

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April 27, 2015. The motion to dismiss hearing is set for July 2, 2015. The Parties

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believe that extending the time for filing briefs on the motion to be closer to the

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hearing date and continuing the case management conference will allow them to

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finalize the settlement before any further motion work or use of the Court’s time due

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to the likely settlement of the case.
With the Court’s permission and order, US Bank and Verhoek hereby

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stipulate to extend the time for the parties to file further briefing on the April 27,

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2015 filed motion to dismiss. The parties propose and agree that Verhoek’s

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opposition shall be due 21 days before the July 2, 2015 hearing date (i.e., June 11,

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2015), and US Bank’s reply shall be due 14 days before the July 2, 2015 hearing

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(i.e., June 18, 2015).

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///
-2REQUEST AND STIPULATION TO CONTINUE BRIEFING DATES ON
MOTION TO DISMISS AND TO CONTINUE THE CMC

14-cv-04821-EMC

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The Court has also set a case management conference for May 7, 2015. The

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Parties request that the Court also continue that hearing to approximately 30 days

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after the July 2, 2015 hearing, such as July 30, 2015 at 10:30 a.m. or as the Court

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otherwise orders.

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DATED: April 28, 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: April 28, 2015

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PURSUANT TO STIPULATION, IT IS SO ORDERED. CMC

reset for 8/6/15
at 9:30 a.m. A joint cmc
statement shall be filed
by 7/30/15.

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United States District Court Judge

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ISTRIC
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May 4

DATED: ____________, 2015

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UNIT
ED

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

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-3REQUEST AND STIPULATION TO CONTINUE BRIEFING DATES ON
MOTION TO DISMISS AND TO CONTINUE THE CMC

14-cv-04821-EMC