Gullory v. HSBC Bank, USA et al

Filing 23

ORDER RE: DEFENDANTS' ADMINISTRATIVE MOTION TO CHANGE TIME. Defendants shall cause the trustee's sale to be postponed to October 26, 2016, or later. The preliminary injunction hearing currently scheduled for August 19, 2016, and the parties' accompanying briefing schedule, is vacated. The parties shall appear for a status conference on October 7, 2016, at 10:30 a.m. A Status Conference Statement shall be filed no later than September 30, 2016. Defendants' response deadline to the complaint is continued until October 14, 2016. Signed by Judge Maxine M. Chesney on August 10, 2016. (mmclc1, COURT STAFF) (Filed on 8/10/2016)

1 MARY KATE SULLIVAN (State Bar No. 180203)
THOMAS N. ABBOTT (State Bar No. 245568)
2 [e-mail]
ELIZABETH HOLT ANDREWS (State Bar No. 263206)
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
America’s Servicing Company, a division of
8 Wells Fargo Home Mortgage; Wells Fargo Home
Mortgage, a division of Wells Fargo Bank, N.A.
9 (sued collectively as “Wells Fargo Home
Mortgage America’s Servicing Company”); and
10 HSBC Bank USA, N.A., as Indenture Trustee for
First NLC Trust 2005-3, Mortgage-Backed Notes,
11 2005-3
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
SAN FRANCISCO DIVISION
15
16
FELIX O. GUILLORY, an individual,

Case No. 3:16-CV-03868-MMC

17
Plaintiff,
18
vs.
19
HSBC BANK USA, NATIONAL
20 ASSOCIATION AS INDENTURE TRUSTEE
FOR FIRST NLC TRUST 2005-3; WELLS
21 FARGO HOME MORTGAGE AMERICA’S
SERVICING COMPANY,
22
Defendants.
23

[PROPOSED] ORDER RE:
DEFENDANTS’ ADMINISTRATIVE
MOTION TO CHANGE TIME
PURSUANT TO CIVIL L.R. 6-3
PI Hearing Date:
Time:
Courtroom:
Judge:

August 19, 2016
9:00 AM
7
Hon. Maxine M. Chesney

Action Filed:
Trial Date:

July 11, 2016
Not Set

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55000.1969/8261412.1

3:16-CV-03868-MMC
[Proposed] Order

1

For the reasons stated in the motion to change time filed by defendants America’s

2 Servicing Company, a division of Wells Fargo Home Mortgage; Wells Fargo Home Mortgage, a
3 division of Wells Fargo Bank, N.A. (sued collectively as “Wells Fargo Home Mortgage America’s
4 Servicing Company”); and HSBC Bank USA, N.A., as Indenture Trustee for First NLC Trust
5 2005-3, Mortgage-Backed Notes, 2005-3, and good cause appearing, IT IS HEREBY ORDERED
6 as follows: *
7

1.

Defendants shall cause the trustee’s sale of the property located at 4909 Stacy

8 Street, Oakland, California 94605 to be postponed to October 26, 2016, or later.
9

2.

In the Court’s Order of July 12, 2016, plaintiff Felix O. Guillory was instructed to

10 “fil[e] with the Clerk of Court . . . a bond or other security, or cash, in the amount of $1000” as a
11 condition of his temporary restraining order. As of the date of this order, the Court’s docket
12 reflects that this has not yet been done. Plaintiff’s deadline to submit the required bond, security,
13 or cash to the Clerk of Court is continued to August 19, 2016, as a condition of the 60-day
14 postponement of the trustee’s sale set forth in Paragraph 1. (See Doc. No. 14.)
15

3.

The preliminary injunction hearing currently scheduled for August 19, 2016, at

16 9:00 AM, and the parties’ accompanying briefing schedule, is vacated.
17

4.

The parties shall appear before the undersigned for a status conference on October

18 7, 2016, at 10:30 AM in Courtroom 7, 19th Floor, to determine the status of plaintiff’s loan
19 modification application and whether there will be a need for motion practice with respect to a
20 preliminary injunction. A Status Conference Statement shall be filed by September 30, 2016.
21

5.

Defendants’ response deadline to Guillory’s complaint shall be continued until

22 October 14, 2016.
23
24 DATED: August 10, 2016
25
26
The Honorable Maxine M. Chesney
Chesney
The Honorable
e o
ney
ne
SENIOR UNITED STATES DISTRICT JUDGE
SENIO
NIOR
NI
DISTRIC
RI
I
*Defendants represent that, on April 3, 2016, they notified plaintiff of their intent to make
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the request and sought his concurrence or any objection thereto, and that, as of the date
55000.1969/8261412.1 the motion was filed, no such response had been received. 3:16-CV-03868-MMC
27

[Proposed] Order