Hills v. Mortgage Electronic Registration Systems, Inc., et al
Filing
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STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by Citi Mortgage, Inc, Mortgage Electronic Registration System, Inc. CMC reset for 4/21/16 at 9:30 a.m. Signed by Judge Edward M. Chen on 2/2/16. (bpf, COURT STAFF) (Filed on 2/2/2016)
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WRIGHT, FINLAY & ZAK, LLP
2 T. Robert Finlay, Esq., SBN 167280
rfinlay@wrightlegal.net
3 Todd E. Chvat, Esq., SBN 238282
4 tchvat@wrightlegal.net
4665 MacArthur Court, Suite 280
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Newport Beach, CA 92660
6 Tel: (949) 477-5050; Fax: (949) 477-9200
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Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
CITIMORTGAGE, INC., and BANK OF NEW YORK, as Trustee for the
STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2003-24A
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PENNY SLINGER HILLS,
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Plaintiff,
VS.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a
Delaware Corporation;
CITIMORTGAGE, INC., a New York
Corporation, ITS SUCCESSORS AND
ASSIGNS, NATIONAL DEFAULT
SERVICING CORPORATION, an
Arizona Corporation, as Trustee for
BANK OF NEW YORK, as Trustee for
the STRUCTURED ASSET
SECURITIES CORPORATION
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2003-24A;
and DOES 1 through 50, inclusive,
Case No: 15-cv-05108-EMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
CASE MANAGEMENT
CONFERENCE
Current Date: February 18, 2016
Time: 9:30 a.m.
Courtroom: 5, 17th Floor
Phillip Burton Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102
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Defendants.
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
IT IS HEREBY STIPULATED by and between the Parties, Plaintiff
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PENNY SLINGER HILLS ("Plaintiff") and Defendants MORTGAGE
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ELECTRONIC REGISTRATION SYSTEMS, INC., CITIMORTGAGE, INC.,
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BANK OF NEW YORK, as Trustee for the STRUCTURED ASSET
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SECURITIES CORPORATION MORTGAGE PASS- THROUGH
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CERTIFICATES, SERIES 2003-24A, and NATIONAL DEFAULT SERVICING
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CORPORATION, as follows:
WHEREAS, the Court issued its Order setting Initial Case Management
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Conference and ADR Deadlines on November 9, 2015 ("Order") [Docket No. 5];
WHEREAS, per the Order, the Case Management Conference was set for
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February 4, 2016 at 9:30 a.m. in Courtroom 5;
WHEREAS, on December 23, 2015, the Case Management Conference was
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reset by the Clerk to February 18, 2016 at 9:30 a.m. in Courtroom 5 [Docket No.
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WHEREAS, Plaintiff's action asserts various wrongful foreclosure type
claims;
WHEREAS, Defendants MORTGAGE ELECTRONIC REGISTRATION
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SYSTEMS, INC., CITIMORTGAGE, INC., and BANK OF NEW YORK, as
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Trustee for the STRUCTURED ASSET SECURITIES CORPORATION
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MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2003-24A currently
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have a Motion to Dismiss scheduled for hearing on February 3, 2016 at 9:30 a.m.;
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WHEREAS, Defendant NATIONAL DEFAULT SERVICING
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CORPORATION also currently has a Motion to Dismiss on calendar;
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WHEREAS, both motions are fully briefed;
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WHEREAS, given the nature of the claims and the dispositive motions
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currently pending before the Court, the Parties believe that the Case Management
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Conference is premature as the pleadings will likely not be at issue for
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approximately 60 days.
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
THEREFORE, IT IS HEREBY STIPULATED that the Case Management
Conference currently set for February 18, 2016 at 9:30 a.m. in Courtroom 5 should
be continued approximately 60 days, or until April 21, 2016 at 9:30 a.m., or a date
thereafter subject to the Court's availability.
DATED: January 25, 2016 LAW OFFICES OF MARK W. LAPHAM
/ Mark Lapham /
Mark Lapham, Esq.,
Attorney for Plaintiff
PENNY SLINGER HILLS
DATED: January 25, 2016
WRIGHT, FINLAY & ZAK, LLP
/ Todd E. Chvat /
Todd E. Chvat, Esq.
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., CITIMORTGAGE, INC., and
BANK OF NEW YORK, as Trustee for the
STRUCTURED ASSET SECURITIES
CORPORATION MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2003-24A
DATED: January 25, 2016
TIFFANY & BASCO, P.A.
/Theron S. Covey
Theron S. Covey, Esq.,
Attorney for Defendant
NATIONAL DEFAULT SERVICING
CORPORATION
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
[PROPOSED] ORDER
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Upon a review of the above Stipulation and for good cause appearing, IT IS
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HEREBY ORDERED THAT:
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(1)
The Case Management Conference currently set for February 18, 2016 at
April 21, 2016
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9:30 a.m. in Courtroom 5 is continued until
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at 9:30 a.m.
in Courtroom 5 of the above-captioned court.
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(2)
All other deadlines set forth in the Court's Order Setting Initial Case
Management Conference and ADR Deadlines are continued accordingly.
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R NIA
. Chen
ward M
udge Ed
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NO
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ERED
O ORD D
IT IS S
DIFIE
AS MO
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U
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IT IS SO ORDERED . The February 3, 2016 motion hearing remains set. Parties
are required to appear in person.
S DISTRICT
TE
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Hon. Edward M. Chen
TA
UNIT
ED
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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
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PROOF OF SERVICE
I, Margaret Augustyniak, declare as follows:
I am employed in the County of Orange, State of California. I am over the age of
eighteen (18) and not a party to the within action. My business address is 4665
MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar
with the practices of Wright, Finlay & Zak, LLP, for collection and processing of
correspondence for mailing with the United States Postal Service. Such correspondence is
deposited with the United States Postal Service the same day in the ordinary course of
business. I am aware that on motion of party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for
mailing in affidavit.
On January 25, 2016, 1 served the within STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE on all
interested parties in this action as follows:
by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s)
addressed as follows:
Mark W. Lapham, Esq.
Law Offices of Mark W. Lapham
751 Diablo Road
Danville, CA 94526
(925) 837-9007
Attorney for Plaintiff
Penny Slinger Hills
Theron S. Covey, Esq
TIFFANY & BOSCO, P.A.
1230 Columbia Street, Suite 680
San Diego, Ca 92101
(619) 501-3503
Attorney for Defendant
National Default Servicing Corp.
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[X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on thi
date following ordinary business practices.
(BY CERTIFIED MAIL SERVICE) I placed such envelope(s) for collection to be
mailed on this date following ordinary business practices, via Certified Mail, Returi
Receipt Requested.
(BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY
SERVICE of said document(s) to the offices of the addressee(s) as set forth on the
attached service list.
(BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 4779200, complied with California Rules of Court, Rule 2003, and no error was
reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I
caused the machine to print a transmission record of the transmission, a copy of
which is attached to the original Proofiof Service.
PROOF OF SERVICE
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(BY GOLDEN STATE OVERNIGHT- NEXT DAY DELIVERY) I placed true an
correct copies thereof enclosed in a package designated by Golden State Overnight
with the delivery fees provided for.
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,[X],
(CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to th
office(s) of the addressee(s) listed by electronic mail at the e-mail address(es) set
forth above pursuant to Fed.R.Civ.P.5(b)(2)(E). "A Notice of Electronic Filing
(NEF) is generated automatically by the ECF system upon completion of an
electronic filing. The NEF, when e-mailed to the e-mail address of record in the
case, shall constitute the proof of service as required by Fed.R.Civ.P.5(b)(2)(E). A
copy of the NEF shall be attached to any document served in the traditional manner
upon any party appearing pro se."
[X]
(Federal) I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
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Eçieçuted n January
/i
016, at Newport Beach, California.
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Margaret Augu yniak
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PROOF OF SERVICE
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