Alexander v. JPMorgan Chase Bank, N.A. et al

Filing 27

ORDER CONTINUING CMC. Case Management Statement due by 11/5/2015. Case Management Conference set for 11/12/2015 10:00 AM. Signed by Judge Maria-Elena James on 10/2/2015. (cdnS, COURT STAFF) (Filed on 10/2/2015)

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McGLINCHEY STAFFORD
Brian A. Paino (SBN 251243)
Dhruv M. Sharma (SBN 279545)
Hassan Elrakabawy (SBN 248146)
18201 Von Karman Avenue, Suite 350
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants SELECT PORTFOLIO SERVICING, INC. and U.S.
BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR14 (erroneously sued as U.S. Bank, N.A.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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KAREN ALEXANDER, an individual;
Plaintiff,

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v.
JPMORGAN CHASE BANK, N A, a
business entity, U S Bank N A, a business
entity, SELECT PORTFOLIO
SERVICING, INC, a business entity, and
DOES 1 through 50, inclusive,
Defendants.

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Case No.: 3:15-cv-01336-MEJ
Hon. Mag. Judge Maria-Elena James
STIPULATION AND [PROPOSED]
ORDER FOR FURTHER
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE
AND RELATED DEADLINES
Superior Court Case No.: CIV 532673
Action Filed: February 26, 2015
Trial Date: N/A

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This Stipulation For Further Continuance of Case Management Conference

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and Related Deadlines (the “Stipulation”) is entered into by and among plaintiff Karen

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Alexander (“Plaintiff”); defendant JPMorgan Chase Bank, N.A. (“Chase”); and

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defendants Select Portfolio Servicing, Inc. (“SPS”) and U.S. Bank, N.A., successor

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trustee to Bank of America, N.A., successor in interest to LaSalle Bank N.A., as

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Trustee, on behalf of the holders of WAMU Mortgage Pass-Through Certificates,

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Series 2006-AR14 (erroneously sued as U.S. Bank, N.A.) (“U.S. Bank,” and together
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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
564423.1

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with Chase and SPS, the “Defendants”), by and through their respective counsel of

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record.
RECITALS

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A.

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On February 26, 2015, Plaintiff filed a complaint against Defendants in

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the San Mateo County Superior Court. The action was subsequently removed to this

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Court on March 23, 2015.
B.

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On March 23, 2015, the Court entered an Order Setting Initial Case

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Management Conference and ADR Deadlines [Dkt. No. 5] wherein it set an Initial

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Case Management Conference in this matter for June 25, 2015.
C.

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On March 27, 2015, the Court issued an Order Referring Case to ADR

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Unit for Assessment Telephone Conference [Dkt. No. 8] (the “ADR Order”) wherein it

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referred this case to the Court’s Alternative Dispute Resolution Unit for a telephone

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conference to assess the case’s suitability for mediation or a settlement conference.
D.

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Pursuant to the ADR Order, on April 23, 2015, Plaintiff and Defendants,

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through counsel, participated in a teleconference with Robin Siefkin of the Court’s

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Alternative Dispute Resolution Unit. That meeting was then continued on several

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occasions by agreement of the parties, most recently to September 10, 2015.
E.

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Prior to the continued conference on September 10, 2015, the parties

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reached a settlement in principle. They are currently in the process of reducing their

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settlement to writing.
F.

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Based on the status of the settlement negotiations between the parties,

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they agree that a continuance of the Case Management Conference and all related

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deadlines will lead to a more efficient administration of this case by enabling the

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parties to conserve resources while finalizing their settlement.

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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
564423.1

TERMS

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Pursuant to Civil Local Rule 6-2(a), the parties agree as follows:

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1.

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rescheduled for November 12, 2015, at 10:00 a.m..
2.

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The September 3, 2015 Case Management Conference shall be

The deadline for the parties to file their Joint Case Management

Statement shall be continued to and including November 5, 2015.
3.

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The deadline under Civil Local Rule 26(f) & ADR Local Rule 3-5 for the

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parties to meet and confer regarding initial disclosures, early settlement, ADR process

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selection, and a discovery plan shall be continued to and including October 15, 2015.
4.

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The deadline under Civil Local Rule 16-8(b) and ADR Local Rule 3-5(b)

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for the filing of the ADR Certification shall be continued to and including October

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15, 2015.
5.

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The deadline under Civil Local Rule 16-8(c) and ADR Local Rule 3-5(b)

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& (c) for the filing of either a Stipulation to ADR Process or Notice of Need for ADR

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Phone Conference shall be continued to and including October 15, 2015.
IT IS SO STIPULATED.

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[Signatures to Follow]

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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
564423.1

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Dated: October 1, 2015

McGLINCHEY STAFFORD

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By: /s/ Brian A. Paino
BRIAN A. PAINO
Attorneys for Defendants SELECT
PORTFOLIO SERVICING, INC. and U.S.
BANK, N.A., SUCCESSOR TRUSTEE TO
BANK OF AMERICA, N.A., SUCCESSOR
IN INTEREST TO LASALLE BANK N.A.,
AS TRUSTEE, ON BEHALF OF THE
HOLDERS OF WAMU MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 2006-AR14

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Dated: October 1, 2015

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By: /s/ Sharon K. Brown
SHARON K. BROWN
Attorneys for Defendant JPMORGAN
CHASE BANK, N.A.

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BRYAN CAVE LLP

Dated: October 1, 2015

MELLEN LAW FIRM

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By: /s/ Eunji Cho
EUNJI CHO
Attorneys for Plaintiff KAREN
ALEXANDER

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 2, 2015
Dated: _________________

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_________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
564423.1

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

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I, Brian A. Paino, attest that concurrence in the filing of this Stipulation for

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Further Continuance of Case Management Conference and Other Deadlines has been

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obtained from the other signatories. I declare under penalty of perjury under the laws

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of the United States of America that the foregoing is true and correct.
Executed this 1st day of October, 2015, at Irvine, California.

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McGLINCHEY STAFFORD

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/s/ Brian A. Paino
BRIAN A. PAINO
Attorneys for Defendants SELECT
PORTFOLIO SERVICING, INC. and U.S.
BANK, N.A., SUCCESSOR TRUSTEE TO
BANK OF AMERICA, N.A., SUCCESSOR
IN INTEREST TO LASALLE BANK N.A.,
AS TRUSTEE, ON BEHALF OF THE
HOLDERS OF WAMU MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 2006-AR14

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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
564423.1