Tamondong v. Mortgageit, Inc. et al

Filing 15

STIPULATION AND ORDER RE [#14] to Modify Preliminary Injunction Briefing Schedule. Signed by Judge Richard Seeborg on 7/12/16. (cl, COURT STAFF) (Filed on 7/12/2016)

1 MARK D. LONERGAN (State Bar No. 143622)
THOMAS N. ABBOTT (State Bar No. 245568)
2 [e-mail]
GABRIEL M. HUEY (State Bar No. 291608)
3 [e-mail]
SEVERSON & WERSON
4 A Professional Corporation
One Embarcadero Center, Suite 2600
5 San Francisco, California 94111
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendants
HSBC BANK USA, NATIONAL
8 ASSOCIATION AS TRUSTEE FOR
MORTGAGEIT SECURITIES CORP.
9 MORTGAGE LOAN TRUST, SERIES 2007-1,
MORTGAGE PASS-THROUGH
10 CERTIFICATES (erroneously sued as “HSBC
Bank USA, National Association as Trustee for
11 Securitized Trust MortgageIT Securities Corp.
Mortgage Loan Trust, Series 2007-1); WELLS
12 FARGO BANK, N.A.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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NANCY TAMONDONG,
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Plaintiff,
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vs.

Case No. 3:16-cv-03722-RS
ORDER
STIPULATION TO MODIFY
PRELIMINARY INJUNCTION
BRIEFING SCHEDULE

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MORTGAGEIT, INC.; HSBC BANK USA,
20 NATIONAL ASSOCIATION AS TRUSTEE
FOR SECURITIZED TRUST
21 MORTGAGEIT SECURITIES CORP.
MORTGAGE LOAN TRUST, SERIES 200722 1; WELLS FARGO BANK, N.A.; AND
DOES 1 THROUGH 10, inclusive,
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Defendants.
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Judge: Hon. RICHARD SEEBORG
Action Filed:

July 1, 2016

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00000.9456/8110189.1

STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT plaintiff NANCY TAMONDONG (“Plaintiff”) and

3 defendants WELLS FARGO BANK, N.A. (“Wells Fargo”) and HSBC BANK USA, NATIONAL
4 ASSOCIATION AS TRUSTEE FOR MORTGAGEIT SECURITIES CORP. MORTGAGE
5 LOAN TRUST, SERIES 2007-1, MORTGAGE PASS-THROUGH CERTIFICATES (“HSBC”)
6 (collectively, “Defendants”), by and through counsel, hereby stipulate and agree to modifying the
7 briefing schedule set by the Court in its Temporary Restraining Order and Order to Show Cause.
8 Defendants’ new deadline to file any opposition to issuance of preliminary injunction in response
9 to the Order to Show Cause issued on July 5, 2016 (Document 10) shall be August 19, 2016.
10 Within 3 days of filing any such opposition, Plaintiff may file a reply.
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RECITALS

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WHEREAS, on July 1, 2016, Plaintiff filed an ex parte application in this matter for

13 temporary restraining order and/or preliminary injunction;
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WHEREAS, on July 5, 2016, the Court issued a Temporary Restraining Order and

15 pursuant to the Order To Show Cause set the following briefing schedule:
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 Within 7 days of receipt of this order, defendants shall file any opposition to

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issuance of a preliminary injunction that would enjoin the trustee’s sale during

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the pendency of this action;

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 Within 3 days of filing of any opposition, plaintiff may file a reply;
WHEREAS, the Court’s July 5, 2016 order also provided that “[t]he parties may meet and

21 confer to negotiate a less compressed briefing schedule, provided defendants agree to continue the
22 foreclosure sale to a date at least two weeks beyond the time the reply brief is due;
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WHEREAS, Plaintiff and Defendants (collectively, the “Parties”) have met and conferred

24 and agree to modify the briefing schedule set by the Court;
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WHEREAS, Defendants agree to continue the foreclosure sale date to no sooner than

26 September 5, 2016;
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WHEREAS, the Parties believe that a modified briefing schedule would be in the Parties’

28 best interests to permit the Parties time to evaluate the matter and potential for amicable
00000.9456/8110189.1

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STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE

1 resolution;
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WHEREAS, in light of the foregoing, the Parties agree to the following modified briefing

3 schedule:
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 Defendants shall file any opposition to issuance of a preliminary injunction that

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would enjoin the trustee’s sale during the pendency of this action by August 19,

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2016;

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 Within 3 days of filing of any opposition, Plaintiff may file a reply;

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WHEREAS, this stipulation and proposed Order is being sought in good faith, and all

9 parties are aware of this request for a continuance and agree that the relief sought is in the best
10 interests of both Parties;
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STIPULATION
IT IS HEREBY STIPULATED, subject to the Court’s approval, by and between Plaintiff

13 and Wells Fargo, as follows:
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1.

That Defendants’ deadline to file any opposition to issuance of preliminary

15 injunction that would enjoin the trustee’s sale during the pendency of this action shall be
16 continued from July 12, 2016 to August 19, 2016;
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2.

That within 3 days of filing any opposition, Plaintiff may file a reply; and

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3.

The Temporary Restraining Order shall remain in effect until September 5, 2016,

19 which is at least two weeks beyond the time Plaintiff’s reply brief is due.
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[SIGNATURES ON NEXT PAGE]

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00000.9456/8110189.1

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STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE

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IT IS SO STIPULATED:

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3 DATED: July 11, 2016

FARSAD LAW OFFICE, P.C.

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By:

/s/ Arasto Farsad
Arasto Farsad

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Attorneys for Plaintiff
NANCY TAMONDONG

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DATED: July 11, 2016

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SEVERSON & WERSON
A Professional Corporation

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By:

/s/ Gabriel M. Huey
Thomas N. Abbott
Gabriel M. Huey

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Attorneys for Defendants
HSBC BANK USA, NATIONAL ASSOCIATION AS
TRUSTEE FOR MORTGAGEIT SECURITIES CORP.
MORTGAGE LOAN TRUST, SERIES 2007-1,
MORTGAGE PASS-THROUGH CERTIFICATES;
WELLS FARGO BANK, N.A.

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00000.9456/8110189.1

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STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE

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ORDER

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Pursuant to the stipulation of the parties and GOOD CAUSE APPEARING:

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IT IS HEREBY ORDERED that Defendants’ deadline to file any opposition to issuance of

4 preliminary injunction that would enjoin the trustee’s sale during the pendency of this action shall
5 be August 19, 2016. Within 3 days of filing any opposition, Plaintiff may file a reply. The
6 Temporary Restraining Order issued by the Court on July 15, 2016 shall stay in effect until
7 September 5, 2016.
8 IT IS SO ORDERED.
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10 DATED: 7/12/16

By:
RICHARD SEEBORG
United States District Judge

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00000.9456/8110189.1

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STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE