Weaver v. Wells Fargo Bank, N.A. et al

Filing 67

ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE.The case management conference is continued from June 16, 2017, to August 25, 2017. The parties shall file, no later than August 18, 2017, an updated Joint Case Management Statement, in which the parties set forth, inter alia, a proposed trial schedule, including proposed deadlines for discovery and dispositive motions. Signed by Judge Maxine M. Chesney on 06/13/17. (mmclc2, COURT STAFF) (Filed on 6/13/2017)

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Robert A. Bailey (# 214688)
[e-mail]
Daniel A. Armstrong (# 270175)
[e-mail]
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
301 N. Lake Avenue, Suite 1100
Pasadena, California 91101-4158
Telephone: [phone]
Facsimile: [phone]

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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Attorneys for Defendant
WELLS FARGO BANK, N.A. (“Wells
Fargo”) and THE BANK OF NEW YORK
MELLON (“BNYM”) f/k/a THE BANK OF
NEW YORK as Trustee for the WORLD
SAVINGS REMIC 31, MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 31 TRUST

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Mark W. Lapham, Esq.
LAW OFFICES OF MARK W. LAPHAM
751 Diablo Rd.
Danville, CA 94526
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff:
ANNIE G. WEAVER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANNIE G. WEAVER,
Plaintiff,

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CASE NO.: 3:16-CV-04907-MMC
[The Honorable Maxine M. Chesney]

v.
WELLS FARGO BANK, N.A.; NDEx WEST,
LLC; THE BANK OF NEW YORK MELLON
f/k/a THE BANK OF NEW YORK as Trustee
for the WORLD SAVINGS REMIC 31,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 31 TRUST and
DOES 1-100, inclusive,

JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Current Date: June 16, 2017
Proposed Date.
Date:
August 25, 2017
Time:
10:30 a.m.
Ctrm:
7, 19th Floor

Defendants.

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93000/FR2034/01764667-1

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CASE NO.: 3:16-CV-04907-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CMC

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TO THE CLERK OF THE COURT AND THE HONORABLE DISTRICT JUDGE:

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Plaintiff Annie G. Weaver and defendant WELLS FARGO BANK, N.A. (“Wells Fargo”)

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enter into the below stipulation and hereby request that the Court enter the accompanying

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proposed order. Counsel for Plaintiff and Wells Fargo jointly stipulate as follows:

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1.

Case Management Conference for December 2, 2016 (Dkt. 16);

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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WHEREAS, on September 13, 2016 the Court issued an Order Setting Initial

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WHEREAS, on November 1, 2016, the Court reset the hearing on the Initial Case

Management Conference to January 27, 2017;

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3.

WHEREAS, on January 13, 2017, the Court continued the hearing on the Initial

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Case Management Conference to March 3, 2017 due to the pending motion to dismiss (Dkt. 44);
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4.

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continued the Case Management Conference to April 21, 2017 (Dkt. 46);
5.

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6.

WHEREAS, the Court issued an order continuing the Case Management

Conference to June 16, 2017 (Document 54);
7.

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WHEREAS, Plaintiff filed a second amended complaint and Wells Fargo filed a

motion to dismiss the second amended complaint;

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WHEREAS, on February 24, 2017, the Court granted the motion to dismiss and

WHEREAS, Wells Fargo is preparing to file a motion for judgment on the

pleadings;

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8.

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resources;

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9.

WHEREAS, the parties would like to avoid unnecessary costs and use of judicial

WHEREAS, the parties stipulate and request to continue the Case Management

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Conference to August 25, 2017 to allow time for the court to hear the motion for judgment on the

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pleadings;

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///

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///
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///

93000/FR2034/01764667-1

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CASE NO.: 3:16-CV-04907-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CMC

STIPULATION

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NOW THEREFORE,

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IT IS HEREBY STIPULATED that the Case Management Conference be continued from June

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16, 2017 to August 25, 2017.

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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Respectfully submitted,
Dated: June 13, 2017

LAW OFFICES OF MARK W. LAPHAM

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By:

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/s/ Mark Lapham
Mark W. Lapham
[e-mail]
Attorneys for Plaintiff
ANNIE G. WEAVER

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Respectfully submitted,

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Dated: June 13, 2017

ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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By:

/s/ Daniel A. Armstrong
Daniel A. Armstrong
[e-mail]
Attorneys for Defendant WELLS FARGO BANK,
N.A. (“Wells Fargo”)

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93000/FR2034/01764667-1

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CASE NO.: 3:16-CV-04907-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CMC

ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Daniel A. Armstrong, attest that concurrence in the filing of this document has been

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obtained from each signatory. I declare under penalty of perjury under the laws of the United

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States of America that the foregoing is true and correct. Executed this 13th day of June 2017.

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By:

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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/s/ Daniel A. Armstrong

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93000/FR2034/01764667-1

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CASE NO.: 3:16-CV-04907-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CMC

ORDER

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The hearing on Case Management Conference currently scheduled for June 16, 2017 is

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hereby continued to August 25, 2017. The parties are directed to file, no later than August

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18, 2017, an updated Joint Case Management Statement, in which the parties set forth,

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___ alia,
inter ___ a proposed trial schedule, including proposed deadlines for discovery and
dispositive motions

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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IT IS SO ORDERED.

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Dated: June 13, 2017

HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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93000/FR2034/01764667-1

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CASE NO.: 3:16-CV-04907-MMC
[PROPOSED] CASE MANAGEMENT ORDER