Nand et al v. Specialized Portfolio Servicing Inc., et al
Filing
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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)
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Matthew D. Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Telephone: (415) 315-1653
Facsimile:
(415)276-1902
Attorneys for Plaintiffs,
EVELYN NAND
SUKHANDRA NAND
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EVELYN NAND, an individual;
SUKHANDRA NAND, an individual
Case No. 3:16-cv-04030-EMC
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FURTHER STIPULATION TO
CONTINUE HEARING DATES AND
BRIEFING SCHEDULES ON
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION AND
DEFENDANTS’ MOTION TO
DISMISS; [PROPOSED] ORDER
Plaintiffs,
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v.
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SPECIALIZED PORTFOLIO SERVICING,
INC., a business entity; NATIONAL
DEFAULT SERVICING CORPORATION, a
business entity; and DOES 1 through 50,
inclusive
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Complaint Filed: July 18, 2016
Defendants.
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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
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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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motion; and
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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
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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
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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
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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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motion; and
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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
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preliminary injunction hearing, and related filing deadlines, and preserving the temporary
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restraining order for the duration of the continuance. In addition, the Parties’ Stipulation and
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Proposed Order continued the haring on Defendant’s Motion to Dismiss and related filing
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deadlines. ECF No. 23. Pursuant to the Stipulation, as amended by the Court, the hearing on
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Plaintiffs’ motion for preliminary injunction and Defendant’s Motion to Dismiss was continued to
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November 3, 2016. In accordance with that continuance, the following briefing schedule was
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adopted:
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October 13, 2016 – the parties’ deadlines to submit their respective responsive
briefs to the pending motions; and
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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
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continue the hearing on Plaintiffs’ Motion for Preliminary Injunction and Defendant’s Motion to
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Dismiss. Pursuant to this stipulation, the Parties respectfully request that the November 3, 2016
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hearings on Plaintiffs’ Motion for Preliminary Injunction and Defendants’ Motion to Dismiss be
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continued to December 15, 2016, to be heard with the Initial Case Management Conference, or to
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another date convenient to the Court’s schedule. The Parties also request that the Court continue
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the briefing dates as follows:
STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
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December 1, 2016 – the parties’ deadlines to submit their respective responsive
briefs to the pending motions; and
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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
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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: October 5, 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: October 5, 2016
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/s/ Jessica Galletta
JESSICA GALLETTA
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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
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ORDER
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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
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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
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10/7/2016
D
RDERE
S SO O IED
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AS MO
DATED: ________________
NO
UNITED STATES DISTRICT COURT JUDGE
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(collectively "Plaintiffs") and Defendants Select Portfolio Servicing, Inc. (erroneously sued as
R NIA
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This matter comes before the Court on Plaintiffs Evelyn Nand and Sukhandra Nand’s
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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE
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