Federal Deposit Insurance Corporation as Receiver for AmTrust Bank v. RPM Mortgage, Inc.

Filing 17

STIPULATION AND ORDER re 15 Stipulation to file amended answer filed by RPM Mortgage, Inc. Signed by Judge Edward M. Chen on 3/2/16. (bpfS, COURT STAFF) (Filed on 3/2/2016)

1 DAVID E. HARRIS (Bar No. 161334)
MILLER STARR REGALIA
2 A Professional Law Corporation
1331 N. California Blvd., Fifth Floor
3 Walnut Creek, California 94596
Telephone:
925 935 9400
4 Facsimile:
925 933 4126
Email:
[e-mail]
5
Attorneys for RPM MORTGAGE, INC., a
6 California corporation d/b/a RESIDENTIAL
PACIFIC MORTGAGE, INC., erroneously sued
7 as f/k/a NL, INC.
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

10
11 FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for AMTRUST
12 BANK,
13

Plaintiff,

14 v.

Case No. 15-cv-05534-EMC
STIPULATION PERMITTING
DEFENDANT RPM MORTGAGE, INC. TO
FILE AMENDED ANSWER
JUDGE EDWARD M. CHEN

15 RPM MORTGAGE, INC., a California
corporation d/b/a RESIDENTIAL PACIFIC
16 MORTGAGE, f/k/a NL, INC.,
17

Defendant.

18
19

IT IS HEREBY STIPULATED, by and between plaintiff FEDERAL DEPOSIT

20 INSURANCE CORPORATION as Receiver for AMTRUST BANK (hereinafter “FDIC-R” or
21 “Plaintiff”), and defendant RPM MORTGAGE, INC., a California corporation d/b/a
22 RESIDENTIAL PACIFIC MORTGAGE, f/k/a NL, INC. (“RPM” or “Defendant”), through their
23 respective counsel, as follows:
24

1.

On December 31, 2015, RPM filed its answer to FDIC-R’s complaint. The

25 answer asserted, among other claims, comparative fault and assumption of risk as affirmative
26 defenses.
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28
RSPM\53134\994425.1

Case No. 15-cv-05534-EMC
-1STIPULATION PERMITTING DEFENDANT RPM MORTGAGE, INC. TO FILE AMENDED ANSWER

1

2.

On January 19, 2016, FDIC-R objected as to RPM’s assertions of

2 comparative fault and assumption of risk as affirmative defenses. That same date, RPM agreed to
3 amend its answer to remove the comparative fault and assumption of risk defenses.
4

4.

On January 21, 2016, the deadline for RPM to amend its answer as a matter

5 of course under Rule 15(a)(1)(A) of the Federal Rules of Civil Procedure passed.
6

5.

RPM wishes to amend its answer in this case to eliminate the comparative

7 fault and assumption of risk defenses.
8

6.

THE PARTIES HERETO STIPULATE AND AGREE, by and through

9 their respective attorneys, that Defendant RPM may file an Amended Answer to Complaint in the
10 above-referenced action in the form attached as Exhibit “A” hereto. The proposed Amended
11 Answer eliminates the defenses of comparative fault and assumption of risk. IT IS SO
12 STIPULATED.
13
14 Dated: March 1, 2016

MORTGAGE RECOVERY LAW GROUP LLP

15
16

By:

17
18
19

/s/ Dana J. Clausen
PAUL A. LEVIN
DANA J. CLAUSEN
FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for AMTRUST
BANK

20
21 Dated: March 1, 2016

MILLER STARR REGALIA

22
23

By:

24
25
26

/s/ David E. Harris
DAVID E. HARRIS
Attorneys for RPM MORTGAGE, INC., a
California corporation d/b/a RESIDENTIAL
PACIFIC MORTGAGE, INC., erroneously sued
as f/k/a NL, INC.

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RSPM\53134\994425.1

Case No. 15-cv-05534-EMC
-2STIPULATION PERMITTING DEFENDANT RPM MORTGAGE, INC. TO FILE AMENDED ANSWER

1
2
3

ORDER
GOOD CAUSE APPEARING:
IT IS ORDERED that Defendant RPM MORTGAGE, INC., a California

4 corporation d/b/a RESIDENTIAL PACIFIC MORTGAGE, f/k/a NL, INC. may file an amended
5 answer in Case No. 15-cv-05534-EMC in the form of Exhibit “A” attached hereto.
6
3/1/16
7 DATED: __________________

S

10

DERED

O OR
IT IS S

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UNIT
ED

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S DISTRICT
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THE HONORABLE EDWARD M. CHEN

ER

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12

. Chen

ward M
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RSPM\53134\994425.1

Case No. 15-cv-05534-EMC
-3STIPULATION PERMITTING DEFENDANT RPM MORTGAGE, INC. TO FILE AMENDED ANSWER