Hussein v. Bank of New York et al

Filing 30

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE: Case Management Statement due by 6/25/2015. Initial Case Management Conference set for 7/2/2015 08:00 AM in Courtroom 8, 19th Floor, San Francisco. THERE WILL BE NO FURTHER CONTINUANCES. Signed by Judge William Alsup on 5/14/2015. (whasec, COURT STAFF) (Filed on 5/14/2015)

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THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BANK OF NEW YORK MELLON fka THE BANK
OF NEW YORK, AS TRUSTEE ON BEHALF OF
THE HOLDERS OF THE ALTERNATIVE LOAN
TRUST 2007-OH2, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-OH2;
SELECT PORTFOLIO SERVICING, INC.; and
NATIONAL DEFAULT SERVICING
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMED S. HUSSEIN and ROZINA
HUSSEIN,

Case No. 3:15-cv-00907-WHA

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STIPULATED REQUEST TO
CONTINUE MAY 28, 2015, INITIAL
CASE MANAGEMENT
CONFERENCE ; ORDER

Plaintiff,
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v.
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BANK OF NEW YORK MELLON fka THE
BANK OF NEW YORK, AS TRUSTEE ON
BEHALF OF THE HOLDERS OF THE
ALTERNATIVE LOAN TRUST 2007-OH2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OH2;
NATIONAL DEFAULT SERVICING
CORPORATION; SELECT PORTFOLIO
SERVICING, INC.; and DOES 1-50
inclusive,

Date: May 28, 2015
Time: 8:00 a.m.
Location: Courtroom 8, 19th Floor
Judge: William Alsup
(Alameda County Superior Court, Case No.
RG15756589)
Complaint Filed: January 29, 2015
Removal Filed: February 27, 2015

Defendants.

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

STIPULATED REQUEST TO CONTINUE INITIAL
CMC
78960291.1 0052161-02303

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The Parties, by and through their undersigned counsel, hereby recite and stipulate, subject
to the Court’s approval as provided for herein, as follows:

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RECITALS
1.

On January 29, 2015, Plaintiffs Mohammed S. Hussein and Rozina Hussein

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(“Plaintiffs”) filed their complaint in this action against The Bank of New York Mellon, fka The

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Bank of New York, as Trustee on Behalf of the Holders of the Alternative Loan Trust 2007-OH2,

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Mortgage Pass-Through Certificates, Series 2007-OH2 (“BONY”) Select Portfolio Servicing, Inc.

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(“SPS”), and National Default Servicing Corporation (“NDSC” ,collectively “Defendants”) in the

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Alameda County Superior Court.

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2.

On February 27, 2015, Defendants removed this matter to this Court. ECF # 1.

On this same day, this case was assigned to Magistrate Judge Kandis A. Westmore.
3.

On March 2, 2015, Magistrate Judge Westmore issued an Initial Case Management

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Scheduling Order with ADR Deadlines. ECF # 5. This Order set the initial case management

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conference for May 26, 2015.

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4.

On March 6, 2015, Defendants filed their Motion to Dismiss. ECF # 11. The

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hearing on this motion was set for April 16, 2015. On this same day, Defendants filed their

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Consent to Proceed Before a US Magistrate Judge. ECF #10.

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5.

On March 20, 2015, Plaintiffs filed their Opposition to Defendants’ motion. ECF

#14. And on March 27, 2015, Defendants filed their reply. ECF # 15.
6.

On April 13, 2015, the matter was assigned to this Court due to Plaintiffs’ failure

to consent to Magistrate Judge Westmore. ECF # 21.
7.

On April 16, 2015, Defendants re-filed their Motion To Dismiss and noticed it

before this Court. ECF # 22. The hearing on this motion was set for May 28, 2015.
8.

On April 17, 2015, the Court issued a Minute Order setting the initial case

management conference for May 28, 2015. ECF # 24.
9.

On April 28, 2015, the Court issued an Order granting Defendants’ Motion To

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Dismiss and vacating the hearing date. ECF # 26. This Order gave Plaintiffs until May 12, 2015,

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at noon to file a motion for leave to file an amended complaint.

S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

STIPULATED REQUEST TO CONTINUE INITIAL
CMC
78960291.1 0052161-02303

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10.

On May 12, 2015, Plaintiffs filed their motion for leave to file an amended

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complaint. ECF # 27. The hearing on the motion is set to occur on July 2, 2015. ECF # 28. As

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the case is not yet at issue, and given the July 2 hearing on Plaintiffs’ motion, the Parties request

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that the May 28, 2015, initial case management conference be continued to July 2, 2015 or to a

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later alternative time convenient to the Court. In addition to allowing the Parties’ counsel to

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focus their efforts on the currently pending motion for leave, the continuance will also allow the

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Parties to best preserve their resources.

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STIPULATIONS
The Parties stipulate to a continuance of the May 28, 2015, initial case management

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conference (and related briefing statements) to July 2, 2015, or to a later alternative date

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convenient to the Court.

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DATED: May 13, 2015

STOEL RIVES LLP

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By:

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/s/ Bryan L. Hawkins
BRYAN L. HAWKINS
Attorneys for Defendant
BANK OF NEW YORK MELLON fka THE
BANK OF NEW YORK, AS TRUSTEE ON
BEHALF OF THE HOLDERS OF THE
ALTERNATIVE LOAN TRUST 2007-OH2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OH2;
SELECT PORTFOLIO SERVICING, INC.;
and NATIONAL DEFAULT SERVICING
CORPORATION

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DATED: May 13, 2015

WESTERN LAW CONNECTION CORP

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By:

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

STIPULATED REQUEST TO CONTINUE INITIAL
CMC
78960291.1 0052161-02303

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/s/ Christopher G. Weston
CHRISTOPHER G. WESTON
Attorneys for Plaintiffs
MOHAMMED S. HUSSEIN and ROZINA
HUSSEIN

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ATTESTATION OF SIGNATURE:

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I attest under penalty of perjury under the laws of the United States of America that I have

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received the concurrence in the filing of this document from the listed signatories as required by

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Local Rule 5-1(i)(3).

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DATED: May 13, 2015

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STOEL RIVES LLP
By:

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

STIPULATED REQUEST TO CONTINUE INITIAL
CMC
78960291.1 0052161-02303

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/s/ Bryan L. Hawkins
BRYAN L. HAWKINS
Attorneys for Defendant
BANK OF NEW YORK MELLON fka THE
BANK OF NEW YORK, AS TRUSTEE ON
BEHALF OF THE HOLDERS OF THE
ALTERNATIVE LOAN TRUST 2007-OH2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OH2;
SELECT PORTFOLIO SERVICING, INC.;
and NATIONAL DEFAULT SERVICING
CORPORATION

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THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BANK OF NEW YORK MELLON fka THE BANK
OF NEW YORK, AS TRUSTEE ON BEHALF OF
THE HOLDERS OF THE ALTERNATIVE LOAN
TRUST 2007-OH2, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-OH2;
SELECT PORTFOLIO SERVICING, INC.; and
NATIONAL DEFAULT SERVICING
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMED S. HUSSEIN and ROZINA
HUSSEIN,

Case No. 3:15-cv-00907-WHA

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[PROPOSED] ORDER GRANTING
STIPULATED REQUEST TO
CONTINUE MAY 28, 2015, INITIAL
CASE MANAGEMENT CONFERENCE

Plaintiff,
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v.
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BANK OF NEW YORK MELLON fka THE
BANK OF NEW YORK, AS TRUSTEE ON
BEHALF OF THE HOLDERS OF THE
ALTERNATIVE LOAN TRUST 2007-OH2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OH2;
NATIONAL DEFAULT SERVICING
CORPORATION; SELECT PORTFOLIO
SERVICING, INC.; and DOES 1-50
inclusive,

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Date: May 28, 2015
Time: 8:00 a.m.
Location: Courtroom 8, 19th Floor
Judge: William Alsup
(Alameda County Superior Court, Case No.
RG15756589)
Complaint Filed: January 29, 2015
Removal Filed: February 27, 2015

Defendants.

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

[PROPOSED] ORDER
78960503.1 0052161-02303

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[PROPOSED] ORDER

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Plaintiffs Mohammed S. Hussein and Rozina Hussein (“Plaintiffs”) and Defendants The

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Bank of New York Mellon, fka The Bank of New York, as Trustee on Behalf of the Holders of

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the Alternative Loan Trust 2007-OH2, Mortgage Pass-Through Certificates, Series 2007-OH2

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(“BONY”) Select Portfolio Servicing, Inc. (“SPS”), and National Default Servicing Corporation’s

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(“NDSC” ,collectively “Defendants”) Stipulated Request to Continue the May 28, 2015, Initial

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Case Management Conference in this matter was filed on May 13, 2015. The Court, having

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reviewed the Stipulation and finding good cause orders that:

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The stipulated request is GRANTED. The May 28, 2015, Initial Case Management
July 2, 2015, at 8:00 A.M.
Conference in this matter is continued to _________________, 2015.
IT IS SO ORDERED.
S

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

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FO

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TED
GRAN
_____________________________________
UNITED STATES DISTRICT COURT JUDGE
Alsup
WILLIAM ALSUP William
Judge
R NIA

Dated: __________________________
May 14, 2015.

UNIT
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[PROPOSED] ORDER
78960503.1 0052161-02303

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