Marquez et al v. Select Portfolio Servicing, Inc. et al

Filing 38

STIPULATION AND ORDER re 37 and 36 MOTION to Dismiss First Amended Complaint. Motion Hearing reset from 1/12/2017 to 1/26/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 12/12/16. (bpfS, COURT STAFF) (Filed on 12/12/2016)

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Charles T. Marshall, Esq. (SBN 176091)
LAW OFFICES OF CHARLES T. MARSHALL
415 Laurel St., #405
San Diego, CA 92101
TEL: [phone]
FAX: [phone]

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Attorney for Plaintiffs
JOVITA A. MARQUEZ, and BRUCE HARRELL

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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) Case No. 3:16-cv-03012-EMC
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) STIPULATION TO EXTEND TIME FOR
) PLAINTIFFS TO RESPOND TO
) DEFENDANTS’ MOTION TO DISMISS
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JOVITA A. MARQUEZ, an individual; and
BRUCE HARRELL, an individual,

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Plaintiffs,

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v.

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US BANK, N.A.; US BANKCORP;
NATIONAL DEFAULT SERVICING
CORPORATION; SELECT PORTFOLIO
SERVICING, INC.; and ARGENT
MORTGAGE COMPANY, LLC,

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Defendants.
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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS

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WHEREAS, on December, 201, Defendants U.S. Bank NA, successor trustee to Bank of

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America, NA, successor in interest to LaSalle Bank NA, on behalf of the registered Holders of

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Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2007-AQ1

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(erroneously sued as “US BANK, N.A.” and “US BANKCORP”); Select Portfolio Servicing, Inc.

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and National Default Servicing Corporation (“Defendants”) filed a Motion to Dismiss Complaint

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with a scheduled hearing of 1/12/2017 01:30 PM in Courtroom 5;

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WHEREAS, pursuant to Federal Rule of Civil Procedures, Plaintiffs’ deadline to respond
to the Motions to Dismiss is December 19, 2016 and Defendants’ reply is due December 27, 2016;

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WHEREAS, Plaintiffs need additional time to respond to Defendants’ Motion to Dismiss;

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NOW THEREFORE, Plaintiffs and Defendants HEREBY STIPULATE AND AGREE AS

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FOLLOWS:
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The deadline for Plaintiffs to respond to Defendants’ Motion to Dismiss shall be

extended up to and including January 4, 2016.
2.

The deadline for Defendants to reply to Plaintiffs’ response to Motions shall be

extended up to and including January 9, 2016.

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IT IS SO STIPULATED.

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DATED: December 9, 2016

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STOEL RIVES LLP
Carissa Beecham
By:/s/ Carissa Beecham
Carissa Beecham
Attorneys for Defendants
U.S. Bank NA, successor trustee to Bank of America,
NA, successor in interest to LaSalle Bank NA, on
behalf of the registered Holders of Bear Stearns Asset
Backed Securities I LLC, Asset-Backed Certificates,
Series 2007-AQ1 (erroneously sued as “US BANK,
N.A.” and “US BANKCORP”); Select Portfolio
Servicing, Inc. and National Default Servicing
Corporation
LAW OFFICES OF CHARLES T. MARSHALL
Charles T. Marshall
By: /s/ Charles T. Marshall ______________________
Charles T. Marshall
Attorneys for Plaintiffs
JOVITA A. MARQUEZ, and BRUCE HARRELL
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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS

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CERTIFICATION OF CONCURRENCE

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Pursuant to L.R. 5-1, I hereby attest that Carissa Beecham, Esq, counsel for Defendants

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U.S. Bank NA, successor trustee to Bank of America, NA, successor in interest to LaSalle Bank
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NA, on behalf of the registered Holders of Bear Stearns Asset Backed Securities I LLC, Asset-

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Backed Certificates, Series 2007-AQ1 (erroneously sued as “US BANK, N.A.” and “US

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BANKCORP”); Select Portfolio Servicing, Inc. and National Default Servicing Corporation has

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provided his concurrence in the electronic filing of the foregoing document entitled

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STIPULATION TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANTS’
MOTION TO DISMISS.

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/s/ Charles T. Marshall ______________________
Charles T. Marshall

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It is so ordered.

1/26/17 at 1:30 p.m.

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12/12/16

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Date:

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The hearing on the Motion to Dismiss is reset from 1/12/16 to

UNIT
ED

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ORDER

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D IS T IC T
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OF

C

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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS