Chan et al v. JPMorgan Chase Bank, N.A.

Filing 42

STIPULATION AND ORDER re 40 TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Gladys Chan, Wayne Chan. Case Management Statement due by 5/25/2017. Initial Case Management Conference set for 6/1/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 4/20/17. (bpfS, COURT STAFF) (Filed on 4/20/2017)

1
2
3
4
5
6

Matthew D. Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
WAYNE CHAN
GLADYS CHAN

7

IN THE UNITED STATES DISTRICT COURT

8

THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

10
11

WAYNE CHAN, et al.,

12
13
14
15

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.

16
17

Case No. 16-cv-02497-EMC
SECOND STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

18
19
20
21
22
23
24
25
26
27
28
1
SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

1

WHEREAS, on April 6, 2016, Plaintiffs filed this action against Defendant JPMorgan

2

Chase Bank, N.A. (“Chase”) in the California Superior Court, San Mateo County;

3

WHEREAS, May 9, 2016, Chase removed this action to this Court;

4

WHEREAS on July 21, 2016, Plaintiffs filed a First Amended Complaint (“FAC”);

5

WHEREAS, on July 14, 2016, Plaintiffs submitted a loan modification application to

6
7
8
9

Chase for consideration;
WHEREAS, on July 22, 2016, the Parties stipulated to stay this action for 90 days pending
the outcome of Plaintiffs’ loan modification review;
WHEREAS, on July 22, 2016, the Court entered the stay, and ordered the parties to submit

10

a status report within 90 days, advising the Court of (a) the status of Plaintiffs’ loan modification

11

application; and the (b) the parties’ positions on whether the stay should remain in force or active

12

litigation resumed.

13
14
15

WHEREAS on October 19, 2016, the Parties stipulated to extend the stay of this action 90
days pending the outcome of Plaintiffs’ loan modification review;
WHEREAS on October 20, 2016, the Court entered the stay, and scheduled a Case

16

Management Conference for January 26, 2017, ordering a Case Management Conference

17

Statement be filed by January 19, 2017.

18
19
20
21
22

WHEREAS on February 8, 2017, Plaintiffs filed a Notice of Settlement of Case, notifying
the Court that the Parties had settled this matter.
WHEREAS on February 9, 2017, the Court continued the Case Management Conference
from March 30, 2017 to April 27, 2017.
WHEREAS, since then, Plaintiffs and Defendants are merely awaiting final execution of

23

the settlement agreement and performance thereunder and anticipate that the settlement will be

24

fully effectuated in the next thirty days.

25
26
27
28

NOW THEREFORE, Plaintiffs and Chase HEREBY STIPULATE AND AGREE AS
FOLLOWS:
1.  

The Case Management Conference, scheduled for April 27, 2017 be continued

approximately thirty (30) days until May 25, 2017.
2
SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

1

IT IS SO STIPULATED.

2

DATED: April 18, 2017

3
4
5
6
7

DAVIS WRIGHT TREMAINE LLP
Joseph E. Addiego III
John D. Freed
By:/s/ John D. Freed
John D. Freed
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

8
9
10
11
12
13

MELLEN LAW FIRM
Jessica Galletta
By: /s/ Jessica Galletta
Jessica Galletta
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Attorneys for Plaintiffs

14
15
16
17
18

CERTIFICATION OF CONCURRENCE
Pursuant to L.R. 5-1, I hereby attest that John Freed has provided his concurrence in the

19

electronic filing of the foregoing document entitled STIPULATION TO CONTINUE CASE

20

MANAGEMENT CONFERENCE; [PROPOSED] ORDER.

21
22
23

/s/ Jessica Galletta
Jessica Galletta

24
25
26
27
28
3
SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

1

[PROPOSED] ORDER

2

Presently before the Court is the parties’ Stipulation to Continue Case Management

3

Conference and good cause appearing, the Court GRANTS the stipulation to permit the parties to

4

pursue informal resolution of this matter as an alternative to litigation. Accordingly, the Case
June 1, 2017
Management Conference, currently scheduled for April 27, 2017, is continued to May 25, 2017.

RT

dward
Judge E

ER

n

M. Che

H

13

NO

12

14
15

R NIA

11

D

DERE
_________________________________
SO OR ED
T IS
IHon. Edward IFI Chen
D M.
AS MO District Judge
United States
FO

10

4/20/17
Date: _____________________

LI

9

SO ORDERED.

ICT
C

RT
U
O

8

SD
TE
TA

A

7

The Parties shall file a Joint Case Management Conference Statement or dismissal by no later than
25
May 18, 2017.
ISTR

S

6

UNIT
ED

5

N

F
D IS T IC T O
R

16
17
18
19
20
21
22
23
24
25
26
27
28
4
SECOND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

C