Tamondong v. Mortgageit, Inc. et al

Filing 41

STIPULATION AND ORDER RE 40 to Continue Initial Case Management Conference. Initial Case Management Conference previously set for 10/13/2016 Continued to 11/17/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/3/16. (cl, COURT STAFF) (Filed on 10/3/2016)

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 WELLS FARGO
BANK, N.A.; 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”)
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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16 NANCY TAMONDONG,

Case No. 3:16-cv-03722-RS

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[Assigned to the Hon. Richard Seeborg]

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Plaintiff,
vs.

19 MORTGAGEIT, INC.; HSBC BANK USA,
NATIONAL ASSOCIATION AS TRUSTEE
20 FOR SECURITIZED TRUST
MORTGAGEIT SECURITIES CORP.
21 MORTGAGE LOAN TRUST, SERIES 20071; WELLS FARGO BANK, N.A.; AND
22 DOES 1 THROUGH 10, inclusive,
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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

Action Filed:

July 1, 2016

Defendants.

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55000.1954/8725478.1

3:16-cv-03722-RS
STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff Nancy Tamondong (“Tamondong”) and defendants Wells Fargo Bank, N.A. and

2 HSBC Bank USA, National Association as Trustee for MortgageIT Securities Corp. Mortgage
3 Loan Trust, Series 2007-1, Mortgage Pass-Through Certificates, erroneously sued as HSBC
4 Bank USA, National Association as Trustee for Securitized Trust MortgageIT Securities Corp.
5 Mortgage Loan Trust, Series 2007-1 (collectively, “Defendants”), submit this Stipulation to the
6 Court requesting an order continuing the Initial Case Management Conference currently set for
7 October 13, 2016 at 10:00 a.m. to October 28, 2016 at 1:30 p.m., the date of the hearing on
8 Defendants’ Motion to Dismiss Tamondong’s Complaint, or a date that is convenient for the
9 Court after the pleadings in this matter have been settled, and all deadlines associated with the
10 Initial Case Management Conference. Tamondong and Defendants shall be referred to
11 collectively as the “Parties.”
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RECITALS

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WHEREAS, on September 12, 2016, the Court issued a notice continuing the Initial Case

14 Management Conference previously set for September 29, 2016 to October 13, 2016 at 10:00
15 a.m. [Docket No. 33];
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WHEREAS, on September 13, 2016, Defendants filed a Motion to Dismiss Tamondong’s

17 Complaint with the motion hearing set for October 27, 2016 at 1:30 p.m. [Docket No. 34];
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WHEREAS, on September 16, 2016, the Court issued a notice continuing the hearing on

19 Defendants’ Motion to Dismiss Tamondong’s Complaint previously set for October 27, 2016 at
20 1:30 p.m. to October 28, 2016 at 1:30 p.m. [Docket No. 37];
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WHEREAS, because the pleadings are not settled in this matter, the Parties therefore

22 request that the Initial Case Management Conference be continued to October 28, 2016 at 1:30
23 p.m., the date and time of the hearing on Defendants’ Motion to Dismiss Tamondong’s
24 Complaint, or a future date and time that is convenient for the Court after the pleadings have
25 been settled;
26 / / /
27 / / /
28 / / /
55000.1954/8725478.1

3:16-cv-03722-RS
1
STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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STIPULATION

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IT IS HEREBY STIPULATED, by and between the Parties, as follows:

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1.

The Initial Case Management Conference currently set for October 13, 2016 at

4 10:00 a.m. shall be continued to October 28, 2016 at 1:30 p.m., the date and time of the hearing on
5 Defendants’ Motion to Dismiss Tamondong’s Complaint, or a future date and time that is
6 convenient for the Court after the pleadings have been settled;
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2.

All deadlines associated with the Initial Case Management Conference, including

8 the submission of a joint case management conference statement, are continued accordingly.
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IT IS SO STIPULATED:

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11 DATED: September 30, 2016

FARSAD LAW OFFICE, P.C.

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By:

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Attorneys for Plaintiff
NANCY TAMONDONG

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/s/ Arasto Farsad
Arasto Farsad

DATED: September 30, 2016

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SEVERSON & WERSON
A Professional Corporation

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By:

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

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Attorneys for Defendants WELLS FARGO BANK,
N.A.; HSBC BANK USA, NATIONAL
ASSOCIATION AS TRUSTEE FOR MORTGAGEIT
SECURITIES CORP. MORTGAGE LOAN TRUST,
SERIES 2007-1, MORTGAGE PASS-THROUGH
CERTIFICATES (erroneously sued as “HSBC Bank
USA, National Association as Trustee for Securitized
Trust MortgageIT Securities Corp. Mortgage Loan
Trust, Series 2007-1)

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55000.1954/8725478.1

3:16-cv-03722-RS
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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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[PROPOSED] ORDER
Pursuant to the Parties’ Stipulation, and good cause appearing therefor, IT IS HEREBY

3 ORDERED THAT:
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The Initial Case Management Conference set for October 13, 2016 at 10:00 a.m. shall be

November 17,
5 continued to _____________________, 2016 at ________ and all deadlines associated with the
10:00am
6 Initial Case Management Conference shall be continued in accordance with the new date.
Joint Case Management Statement shall be due November 10, 2016.
7 IT IS SO ORDERED.
8
9 Dated: __________________________
10/3/16
10

_________________________________
Hon. Richard Seeborg

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3:16-cv-03722-RS
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STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE