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

Filing 30

STIPULATION AND ORDER as to 20 MOTION to Dismiss Plaintiff's Complaint. Motion to Dismiss and Motion for Preliminary Injunction Hearing reset for 12/15/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 10/7/16. (bpf, COURT STAFF) (Filed on 10/7/2016)

1
2
3
4
5
6

Matthew D. Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiffs,
EVELYN NAND
SUKHANDRA NAND

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

EVELYN NAND, an individual;
SUKHANDRA NAND, an individual

Case No. 3:16-cv-04030-EMC

11

FURTHER STIPULATION TO
CONTINUE HEARING DATES AND
BRIEFING SCHEDULES ON
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION AND
DEFENDANTS’ MOTION TO
DISMISS; [PROPOSED] ORDER

Plaintiffs,
12
v.
13
14
15

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

16

Complaint Filed: July 18, 2016
Defendants.

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

-1-

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

determine if their dispute can be resolved informally.

10

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

11

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

12

sale of the relevant property. ECF No. 4.

13

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

14

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

15

briefing schedule:
•

16
17

motion; and
•

18
19
20

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

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

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

21

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

22

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

23

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

24

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

25

adopted:

26
27

•

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

28
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

-2-

•

1
2
3

September 6, 2016 - Plaintiffs’ deadline to submit their reply brief in support of
their motion. ECF No. 17

On August 9, 2016, Defendants filed a Motion to Dismiss the Complaint, with a hearing

4

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

5

motion:
•

6
7

motion; and
•

8
9
10

August 23, 2016 - Plaintiffs’ deadline to submit their responses to Defendants’

August 30, 2016 - Defendants’ deadline to submit their reply brief in support of
their motion. ECF No. 20

On August 19, 2016 the parties submitted a Stipulation and Proposed Order continuing the

11

preliminary injunction hearing, and related filing deadlines, and preserving the temporary

12

restraining order for the duration of the continuance. In addition, the Parties’ Stipulation and

13

Proposed Order continued the haring on Defendant’s Motion to Dismiss and related filing

14

deadlines. ECF No. 23. Pursuant to the Stipulation, as amended by the Court, the hearing on

15

Plaintiffs’ motion for preliminary injunction and Defendant’s Motion to Dismiss was continued to

16

November 3, 2016. In accordance with that continuance, the following briefing schedule was

17

adopted:

18

•

19
20
21
22

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. ECF No. 24

In a continuing effort to resolve this matter, the Parties submit a further stipulation to

23

continue the hearing on Plaintiffs’ Motion for Preliminary Injunction and Defendant’s Motion to

24

Dismiss. Pursuant to this stipulation, the Parties respectfully request that the November 3, 2016

25

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

26

continued to December 15, 2016, to be heard with the Initial Case Management Conference, or to

27

another date convenient to the Court’s schedule. The Parties also request that the Court continue

28

the briefing dates as follows:
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

-3-

1

•

2
3
4
5
6
7
8

December 1, 2016 – the parties’ deadlines to submit their respective responsive
briefs to the pending motions; and

•

December 8, 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.
Plaintiffs and Defendants so stipulate.
DATED: October 5, 2016

STOEL RIVES LLP

9
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

10
11
12
13
14
DATED: October 5, 2016

MELLEN LAW FIRM

15
16

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

17
18
19
20
21
22

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

23

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

24

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

25

Dated: October 5, 2016

26

/s/ Jessica Galletta
JESSICA GALLETTA

27
28
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

-4-

1

ORDER

2

5
6
7
8
9
10
11
12
13
14
15
16
17

Specialized Portfolio Servicing, Inc.) (“SPS”) and National Default Servicing Corporation’s
stipulated request to continue the currently scheduled hearings and briefing schedules on
Plaintiffs’ motion for a preliminary injunction and Defendants’ motion to dismiss. After
considering the Parties’ stipulation and finding good cause, the Court GRANTS the Parties’
stipulated request.
The November 3, 2016 hearing on Plaintiffs’ motion for a preliminary injunction is
continued to December 15, 2016. Defendants shall submit their opposition to Plaintiffs’ motion
by no later than December 1, 2016. Plaintiffs shall submit their reply brief in support of the
motion by no later than December 8, 2016.
The November 3, 2016 hearing on Defendants’ motion to dismiss is continued to
15

December 14, 2016. Plaintiffs shall submit their opposition to Defendants’ motion by no later
than December 1, 2016. Defendants shall submit their reply brief in support of the motion by no
later than December 8, 2016.
IT IS SO ORDERED

20
10/7/2016

D
RDERE
S SO O IED
IT I
DIF
AS MO

DATED: ________________

NO

UNITED STATES DISTRICT COURT JUDGE
hen
rd M. C
ge Edwa
Jud

22

RT

23

FO

21

UNIT
ED

19

S DISTRICT
TE
C
TA

RT
U
O

S

18

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

R NIA

4

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

24
25
26
27
28
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

-5-

A

H

ER

LI

3

N

F
D IS T IC T O
R

C