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

Filing 53

SIPULATION AND ORDER as to 20 MOTION to Dismiss Plaintiff's Complaint and 51 to Continue Motion to Dismiss Hearing and Case Management Conference: Initial Case Management Conference reset for 2/16/2017 at 01:30 PM in Court room 5, 17th Floor, San Francisco. Case Management Statement due by 2/9/2017. Motion Hearing re: 20 Motion to Dismiss reset for 2/16/2017 at 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 1/20/2017. (afmS, COURT STAFF) (Filed on 1/23/2017)

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Matthew Mellen (SBN: 233350)
Jessica Galletta (SBN: 281179)
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
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
STIPULATION TO CONTINUE
HEARING DATES ON DEFENDANTS’
MOTION TO DISMISS AND CASE
MANAGEMENT CONFERENCE;
[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

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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 for a short

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continuance of the hearing on Defendants’ Motion to Dismiss and Case Management Conference,

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both currently scheduled for February 3, 2017.

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

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

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haring on Defendant’s Motion to Dismiss and related filing deadlines. ECF No. 23. Pursuant to

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the Stipulation, as amended by the Court, the hearing on Plaintiffs’ motion for preliminary

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injunction and Defendant’s Motion to Dismiss was continued to November 3, 2016.

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On October 5, 2016 the parties submitted a Stipulation and Proposed Order continuing the

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haring on Defendant’s Motion to Dismiss and related filing deadlines. ECF No. 29. Pursuant to

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the Stipulation, as amended by the Court, the hearing on Plaintiffs’ motion for preliminary

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injunction and Defendant’s Motion to Dismiss was continued to December 15, 2016. ECF No. 30

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On November 29, 2016, the parties submitted a Stipulation and Proposed Order

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continuing the haring on Defendant’s Motion to Dismiss and related filing deadlines. ECF No. 34.

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Pursuant to the Stipulation, as amended by the Court, the hearing on Plaintiffs’ motion for

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preliminary injunction and Defendant’s Motion to Dismiss was continued to January 26, 2017.

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ECF No. 35.

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On January 10, 2017, the Court continued the hearing on Defendant’s Motion to Dismiss
and the Case Management Conference until January 27, 2017. ECF. No. 40.
On January 17, 2017, the Court continued the hearing on Defendant’s Motion to Dismiss
and the Case Management Conference until February 3, 2017. ECF. No. 46.

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

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On January 18, 2017, the Court issued an Order requiring personal appearance by the
Parties at the hearings scheduled for February 3, 2017. ECF Nos. 48-49.
On January 19, 2017, the Parties stipulated and agreed to withdrawal of Plaintiffs’ Motion
for Preliminary Injunction, without prejudice. ECF. 50.
Based on the foregoing and the Court’s requirement for personal appearance at the hearing

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on Defendant’s Motion to Dismiss and the Case Management Conference, the Parties stipulate

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and agree, at Plaintiffs’ request, to continue the hearing on Defendants’ Motion to Dismiss and

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the Case Management Conference until February 16, 2017 in order to allow all counsel to

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personally appear at the hearings.

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Plaintiffs and Defendants so stipulate.
DATED: January 19, 2017

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: January 19, 2017

MELLEN LAW FIRM

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By: /s/ Jessica Galletta
JESSICA GALLETTA
Attorneys for Plaintiffs

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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

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ORDER

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This matter comes before the Court on Plaintiffs Evelyn Nand and Sukhandra Nand’s
(collectively "Plaintiffs") and Defendants Select Portfolio Servicing, Inc. (erroneously sued as
Specialized Portfolio Servicing, Inc.) (“SPS”) and National Default Servicing Corporation’s
stipulated request for a continuance of the hearing on Defendants’ Motion to Dismiss and Case
Management Conference. After considering the Parties’ stipulation and finding good cause, the
Court GRANTS the Parties’ stipulated request.
The February 3, 2017 hearing on Defendants’ Motion to Dismiss and the Case
Management Conference are continued to February 16, 2017.
IT IS SO ORDERED

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1/20/2017
DATED: ________________

HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

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