Hills v. Mortgage Electronic Registration Systems, Inc., et al

Filing 28

STIPULATION AND ORDER re 27 Stipulation filed by Penny Slinger Hills. Signed by Judge Edward M. Chen on 1/15/16. (bpf, COURT STAFF) (Filed on 1/15/2016)

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Offices of Mark W. Lapham (SBN 146352)
Mark W. Lapham, Esq.
751 Diablo Rd.
Danville, CA 94526
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff,
PENNY SLINGER HILLS

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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION

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26

)
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PENNY SLINGER HILLS, an individual
)
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Plaintiff,
)
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v.
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC., a
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Delaware Corporation; CITI, a New York
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Corporation, ITS SUCCESSORS AND
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ASSIGNS; NATIONAL DEFAULT
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SERVICING CORPORATION, an Arizona )
Corporation, as Trustee for BANK OF NEW )
YORK as Trustee for the STRUCTURED
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ASSET SECURITIES CORPORATION
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MORTGAGE PASS-THROUGH
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CERTIFICATES, SERIES 2003-24A; and
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DOES 1 through 50, inclusive,
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Defendant(s).
)
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)
)
)

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///

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Case No.: 15-cv-05108-EMC
STIPULATION BETWEEN PLAINTIFF
AND DEFENDANTS TO ACCEPT
UNTIMELY FILED AMENDED
OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS PLAINTIFF’S
AMENDED COMPLAINT; CERTIFICATE
OF SERVICE

Date: February 3, 2016
Time: 9:30 a.m.
Courtroom: 5, 17th Floor
Honorable Judge: Edward M. Chen

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OPPOSITION TO MOTION TO DISMISS
CASE NO. 15-cv-05108-EMC; PAGE __ OF __

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IT IS STIPULATED by and between the parties, Plaintiff PENNY SLINGER

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HILLS, and Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;

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CITIMORTGAGE, INC., ITS SUCCESSORS AND ASSIGNS; and BANK OF NEW YORK as

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Trustee for the STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-

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THROUGH CERTIFICATES, SERIES 2003-24A (“Defendants”), as follows:

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On December 17, 2015, Defendants filed their Notice of Motion and Motion to

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Dismiss Plaintiff’s Amended Complaint (“MTD”), filed on December 2, 2015 (Docket No.

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Though Plaintiff timely filed her Opposition to Defendants’ MTD on December 31,

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2015 (Docket No. 21), Plaintiff’s Counsel’s Associate, who was given the responsibility to

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complete legal work product for Plaintiff’s Opposition to MTD was in a three-car accident

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on highway 99 on December 27, 2015 in Madera, CA, in which his car was totaled and his

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six-year old son was hospitalized in three different hospitals in the first 48 hours of his four-

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day hospitalization (from December 28-December 31, 2015), in the cities of Bakersfield and

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Madera. He attempted to complete the Opposition timely (with 3.5 hours of sleep from

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12/28-12/31/ 2015), including the Statement of Facts, but was unable to complete the draft

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of the Opposition to MTD by the time it was due to be filed.

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Plaintiff filed her Amended Opposition with this Court on January 6, 2016 (Docket
No. 23).

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Defendants did not object to Plaintiff’s late filing of her Amended Opposition to

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MTD.
Plaintiff and Defendants hereby stipulate that Plaintiff’s untimely filed Amended
Opposition to MTD be considered filed timely by this Honorable Court.
Defendants have no objection to the request for extension by Plaintiff for this Court to
consider her Amended Opposition to MTD, as filed timely.

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OPPOSITION TO MOTION TO DISMISS
CASE NO. 15-cv-05108-EMC; PAGE __ OF __

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Defendants have already timely filed their Reply Brief with the Court as Docket No.
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Plaintiff has not previously received, nor requested, an extension of any kind in this
case.

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THEREFORE, IT IS STIPULATED that Plaintiff’s Amended Opposition to MTD,
which was filed on January 6, 2016, be considered timely filed by Plaintiff.

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DATED: January 14, 2016

LAW OFFICES OF MARK W. LAPHAM

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__________/s/______________________
Mark Lapham. Esq.
Attorney for Plaintiff

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DATED: January 14, 2016

WRIGHT, FINLAY & ZAK, LLP

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_______/s/_________________________
Todd E. Chvat
Attorney for Defendants

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S

ER

R NIA

ERED

. Chen

FO

dward M

LI

Judge E

H

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RT

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NO

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O ORD
IT IS S

A

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RT
U
O

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IT IS SO ORDERED:
________________
S DISTRICT
Edward M. Chen
TE
C
TA
U.S. District Judge

UNIT
ED

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N

F
D IS T IC T O
R

C

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OPPOSITION TO MOTION TO DISMISS
CASE NO. 15-cv-05108-EMC; PAGE __ OF __

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CERTIFICATE OF SERVICE

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I certify that on January 14, 2016, I caused a copy of the foregoing to be filed electronically and
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that the document is available for viewing and downloading from the ECF system. Participants in
the case who are registered CM/ECF users will be served by the CM/ECF system.

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By:

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LAW OFFICES OF MARK W. LAPHAM

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/s Mark W. Lapham

[e-mail]

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OPPOSITION TO MOTION TO DISMISS
CASE NO. 15-cv-05108-EMC; PAGE __ OF __