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

Filing 31

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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1 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 5 Newport Beach, CA 92660 6 Tel: (949) 477-5050; Fax: (949) 477-9200 7 8 9 10 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 11 UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 PENNY SLINGER HILLS, 15 16 17 18 19 20 21 22 23 24 25 26 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 27 28 Defendants. STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE IT IS HEREBY STIPULATED by and between the Parties, Plaintiff 1 2 PENNY SLINGER HILLS ("Plaintiff") and Defendants MORTGAGE 3 ELECTRONIC REGISTRATION SYSTEMS, INC., CITIMORTGAGE, INC., 4 BANK OF NEW YORK, as Trustee for the STRUCTURED ASSET 5 SECURITIES CORPORATION MORTGAGE PASS- THROUGH 6 CERTIFICATES, SERIES 2003-24A, and NATIONAL DEFAULT SERVICING 7 CORPORATION, as follows: WHEREAS, the Court issued its Order setting Initial Case Management 8 9 Conference and ADR Deadlines on November 9, 2015 ("Order") [Docket No. 5]; WHEREAS, per the Order, the Case Management Conference was set for 10 11 February 4, 2016 at 9:30 a.m. in Courtroom 5; WHEREAS, on December 23, 2015, the Case Management Conference was 12 13 reset by the Clerk to February 18, 2016 at 9:30 a.m. in Courtroom 5 [Docket No. 14 18]; 15 16 17 WHEREAS, Plaintiff's action asserts various wrongful foreclosure type claims; WHEREAS, Defendants MORTGAGE ELECTRONIC REGISTRATION 18 SYSTEMS, INC., CITIMORTGAGE, INC., and BANK OF NEW YORK, as 19 Trustee for the STRUCTURED ASSET SECURITIES CORPORATION 20 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2003-24A currently 21 have a Motion to Dismiss scheduled for hearing on February 3, 2016 at 9:30 a.m.; 22 WHEREAS, Defendant NATIONAL DEFAULT SERVICING 23 CORPORATION also currently has a Motion to Dismiss on calendar; 24 WHEREAS, both motions are fully briefed; 25 WHEREAS, given the nature of the claims and the dispositive motions 26 currently pending before the Court, the Parties believe that the Case Management 27 Conference is premature as the pleadings will likely not be at issue for 28 approximately 60 days. 2 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 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE [PROPOSED] ORDER 1 2 Upon a review of the above Stipulation and for good cause appearing, IT IS 3 4 HEREBY ORDERED THAT: 5 (1) The Case Management Conference currently set for February 18, 2016 at April 21, 2016 6 9:30 a.m. in Courtroom 5 is continued until 7 at 9:30 a.m. in Courtroom 5 of the above-captioned court. 8 9 (2) All other deadlines set forth in the Court's Order Setting Initial Case Management Conference and ADR Deadlines are continued accordingly. 10 20 R NIA . Chen ward M udge Ed J ER H 19 RT 18 NO 17 FO 16 LI 15 ERED O ORD D IT IS S DIFIE AS MO A 14 RT U O 13 S 12 IT IS SO ORDERED . The February 3, 2016 motion hearing remains set. Parties are required to appear in person. S DISTRICT TE C Hon. Edward M. Chen TA UNIT ED 11 N F D IS T IC T O R 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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. 19 20 21 22 23 24 25 26 27 28 [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 1 (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. 2 3 ,[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. 4 5 6 7 8 9 10 11 12 Eçieçuted n January /i 016, at Newport Beach, California. 13 14 Margaret Augu yniak 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE

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