Alexander v. JPMorgan Chase Bank, N.A. et al
Filing
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ORDER GRANTING: 28 STIPULATION WITH PROPOSED ORDER re 5 Initial Case Management Scheduling Order. Case Management Statement due by 12/3/2015. Case Management Conference set for 12/10/2015 10:00 AM. Signed by Judge Maria-Elena James on 11/6/2015. (cdnS, COURT STAFF) (Filed on 11/6/2015)
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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: (949) 381-5900
Facsimile: (949) 271-4040
Email:
bpaino@mcglinchey.com
dsharma@mcglinchey.com
helrakabawy@mcglinchey.com
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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
570606.1
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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. Since that time, they reduced their settlement to
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writing and are in the process of executing the settlement agreement.
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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///
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///
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CASE NO. 3:15-CV-01336-MEJ
STIPULATION FOR FURTHER CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
570606.1
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 December 10, 2015, at 10:00 a.m.
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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 December 3, 2015.
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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 November 19,
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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 November
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19, 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 November 19, 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
570606.1
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Dated: November 5, 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: November 5, 2015
BRYAN CAVE LLP
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By: /s/ Sharon K. Brown
SHARON K. BROWN
Attorneys for Defendant JPMORGAN
CHASE BANK, N.A.
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Dated: November 5, 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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November 6, 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
570606.1
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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.
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Executed this 5th day of November, 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
570606.1
PROOF OF SERVICE
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STATE OF CALIFORNIA
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COUNTY OF ORANGE
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I, Carol Rico, declare:
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I am employed in the County of Orange, State of California. I am over the age of 18
and not a party to the within action. My business address is 18201 Von Karman Ave.,
Suite 350, Irvme, California 92612.
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l
ss.
On November 5, 2015, I served the document(s) described as: STIPULATION AND
rPROPOSEDl ORDER FOR FURTHER CONTINUANCE OF CASE
MANAGEM:£NT CONFERENCE AND RELATED DEADLINES as follows:
D
BY MAIL: As follows:
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FEDERAL- I der.osited such envelor.e in the U.S. mail at Irvine,
california, with postage thereon fully prepaia,
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BY CMIECF NOTICE OF ELECTRONIC FILING: I caused said
document(s) to be served by means of this Court's Electronic transmission of
the Notice of Electronic Filmg through the Court's transmission facilities, to the
parties and/or counsel who are registered CM/ECF users set forth in the service
list obtained from this Court. Pursuant to Electronic Filing Court Order, I
hereby certify that the above documents(s) was uploaded to the website and will
be posted on the website by the close of the next business day and the
webmaster will give e-mail notification to all parties.
FEDERAL: I declare that I employed in the office of a member of the State
Bar of this Court at whose direction the service was made.
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Executed on November 5, 2015, at Irvine, California.
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Carol Rico
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537019.1
SERVICE LIST
USDC, Northern District Case No. 3:15-cv-01336-MEJ
KAREN ALEXANDER v. JPMORGAN CHASE BANK, N.A., et al.
File# 104823.0152
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Matthew D. Mellen, Esq.
Jessica Galletta, Esq.
Enuji Cho, Esg._
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, CA 94402
Attorneys for Plaintiff KAREN
ALEXANDER
Tel: (650) 638-0120
Fax: (650) 638-0125
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Sharon K. Brown, Esq.
BRYANCAVELLP
120 Broadway, Suite 300
Santa Monica, CA 90401
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537019.1
Attorney for Defendant JPMORGAN
CHASE BANK, N.A.
Tel: (31 0) 576-2100
Fax: {31 0) 576-2200
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