Nand et al v. Specialized Portfolio Servicing Inc., et al

Filing 24

STIPULATION AND ORDER, Set/Reset Deadlines as to 23 STIPULATION WITH PROPOSED ORDER re Motion for Preliminary Injunction and 20 MOTION to Dismiss. Responses due by 10/13/2016. Replies due by 10/20/2016. Motion Hearing reset for 11/3/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 8/19/16. (bpfS, COURT STAFF) (Filed on 8/19/2016)

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THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Select Portfolio Servicing, Inc. (erroneously sued as
Specialized Portfolio Servicing, Inc.) and National
Default Servicing Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
EVELYN NAND, an individual;
SUKHANDRA NAND, an individual

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Case No. 3:16-cv-04030-EMC
FURTHER STIPULATION TO
CONTINUE HEARING DATES AND
BRIEFING SCHEDULES ON
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION AND
DEFENDANTS’ MOTION TO
DISMISS; [PROPOSED] ORDER

Plaintiffs,
v.
SPECIALIZED PORTFOLIO SERVICING,
INC., a business entity; NATIONAL
DEFAULT SERVICING CORPORATION, a
business entity; and DOES 1 through 50,
inclusive

Complaint Filed: July 18, 2016

Defendants.

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
87742157.1 0052161-03849

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TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD:

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Plaintiffs Evelyn Nand and Sukhandra Nand (collectively "Plaintiffs") and Defendants

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Select Portfolio Servicing, Inc. (erroneously sued as Specialized Portfolio Servicing, Inc.)

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(“SPS”) and National Default Servicing Corporation (“NDSC,” collectively “Defendants”), by

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and through their counsel of record, hereby respectfully submit this stipulated request to continue

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the currently scheduled hearing dates and briefing schedules on Plaintiffs’ motion for a

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preliminary injunction and Defendants’ motion to dismiss, both currently scheduled for

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September 15, 2016. This request is being made to provide the parties with additional time to

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determine if their dispute can be resolved informally.

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On July 18, 2016, Plaintiffs filed this action. ECF No. 1. Simultaneously with this filing,

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Plaintiffs filed an ex parte application for a temporary restraining order restraining the foreclosure

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sale of the relevant property. ECF No. 4.

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On July 18, 2016, the Court granted Plaintiffs’ ex parte application and scheduled a

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preliminary injunction hearing for August 4, 2016. The Court also established the following

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briefing schedule:

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•   July 26, 2016 - Defendants’ deadline to submit their responses to Plaintiffs’

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motion; and

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•   July 29, 2016 - Plaintiffs’ deadline to submit their reply brief in support of their

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motion.
On July 26, 2016 the parties submitted a Stipulation and Proposed Order continuing the

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August 4, 2016 preliminary injunction hearing and related filing deadlines and preserving the

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temporary restraining order for the duration of the continuance. Pursuant to the Stipulation,

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adopted by the Court, the hearing on Plaintiffs’ motion for preliminary injunction was continued

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to September 15, 2016. In accordance with that continuance, the following briefing schedule was

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adopted:

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•   August 30, 2016 - Defendants’ deadline to submit their responses to Plaintiffs’
motion; and

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
87742157.1 0052161-03849

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•   September 6, 2016 - Plaintiffs’ deadline to submit their reply brief in support of

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their motion. ECF No. 17
On August 9, 2016, Defendants filed a Motion to Dismiss the Complaint, with a hearing

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date of September 15, 2016. ECF No. 20. The following briefing schedule is associated with that

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motion:

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•   August 23, 2016 - Plaintiffs’ deadline to submit their responses to Defendants’
motion; and
•   August 30, 2016 - Defendants’ deadline to submit their reply brief in support of
their motion. ECF No. 20
Pursuant to this stipulation, the Parties respectfully request that the September 15, 2016

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hearings on Plaintiffs’ Motion for Preliminary Injunction and Defendants’ Motion to Dismiss be

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continued to October 27, 2016 or to another date convenient to the Court’s schedule. The Parties

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also request that the Court continue the briefing dates as follows:

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•   October 13, 2016 – the parties’ deadlines to submit their respective responsive
briefs to the pending motions; and
•   October 20, 2016 – the parties’ deadlines to submit their respective reply briefs in
support of their pending motions;
The Parties also agree that the restraining order issued by the Court will remain in effect
until the Court rules on Plaintiffs’ motion for a preliminary injunction.

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
87742157.1 0052161-03849

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Plaintiffs and Defendants so stipulate.
DATED: August 19, 2016

STOEL RIVES LLP

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By: /s/ Bryan L. Hawkins
THOMAS A. WOODS
BRYAN L. HAWKINS
Attorneys for Defendants
Select Portfolio Servicing, Inc.
(erroneously sued as Specialized Portfolio
Servicing, Inc.) and National Default
Servicing Corporation

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DATED: August 19, 2016

MELLEN LAW FIRM

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By: /s/ Jessica Galletta
MATTHEW D. MELLEN
JESSICA GALLETTA
Attorneys for Plaintiffs
EVELYN NAND and SUKHANDRA
NAND

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ATTESTATION OF SIGNATURE:
I attest under penalty of perjury under the laws of the United States of America that I have

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received the concurrence in the filing of this document from the listed signatories as

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required by Local Rule 5.1(i)(3).

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Dated: August 19, 2016
/s/ Jessica Galletta
JESSICA GALLETTA

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
87742157.1 0052161-03849

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ORDER

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stipulated request.
The September 15, 2016 hearing on Plaintiffs’ motion for a preliminary injunction is
November 3, 2016 at 1:30 p.m.
continued to October 27, 2016. Defendants shall submit their opposition to Plaintiffs’ motion by
no later than October 13, 2016. Plaintiffs shall submit their reply brief in support of the motion
by no later than October 20, 2016.
The September 15, 2016 hearing on Defendants’ motion to dismiss is continued to
November 3, 2016 at 1:30 p.m.
October 27, 2016. Plaintiffs shall submit their opposition to Defendants’ motion by no later than
October 13, 2016. Defendants shall submit their reply brief in support of the motion by no later
than October 20, 2016.
IT IS SO ORDERED

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August 19, 2016
DATED: ________________

hen
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UNITED STATES DISTRICT COURT JUDGE

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IT IS S
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considering the Parties’ stipulation and finding good cause, the Court GRANTS the Parties’

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
87742157.1 0052161-03849

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Plaintiffs’ motion for a preliminary injunction and Defendants’ motion to dismiss. After

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stipulated request to continue the currently scheduled hearings and briefing schedules on

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Specialized Portfolio Servicing, Inc.) (“SPS”) and National Default Servicing Corporation’s

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(collectively "Plaintiffs") and Defendants Select Portfolio Servicing, Inc. (erroneously sued as

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This matter comes before the Court on Plaintiffs Evelyn Nand and Sukhandra Nand’s

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