Nadaf-Rahrov et al v. Shellpoint Mortgage Servicing et al

Filing 32

STIPULATION AND ORDER RE 31 TO CONTINUE HEARING DATE AND BRIEFING SCHEDULES ON DEFENDANTS MOTION TO DISMISS. Signed by Judge Richard Seeborg on 2/10/17. (clS, COURT STAFF) (Filed on 2/10/2017)

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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: [phone]
Facsimile:
[phone]
Attorneys for Plaintiffs,
ENAYATOLLAH NADAF-RAHROV
FOROUGH NADAF-RAHROV

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ENAYATOLLAH NADAF-RAHROV, an
individual; and FOROUGH NADAFRAHROV, an individual,

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Case No. 3:16-cv-06323-RS
STIPULATION TO CONTINUE
HEARING DATE AND BRIEFING
SCHEDULES ON DEFENDANTS’
MOTION TO DISMISS; [PROPOSED]
ORDER

Plaintiffs,
v.
SHELLPOINT MORTGAGE SERVICING, a
business entity; BANK OF NEW YORK
MELLON, a national association; and Does 1
through 100, inclusive;

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Defendants.
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Complaint Filed: November 1, 2016

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STIPULATION TO CONTINUE HEARING
AND BRIEFING SCHEDULE

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

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Plaintiffs Enayatollah Nadaf-Rahrov and Forough Nadaf-Rahrov (collectively "Plaintiffs")

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and Defendants Shellpoint Mortgage Servicing and Bank of New York Mellon. (“Defendants”)

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

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continue the currently scheduled hearing date and briefing schedule associated with Defendants’

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Motion to Dismiss, currently scheduled for March 16, 2017.

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On November 1, 2016, Plaintiffs filed this action. ECF No. 1. Simultaneously with this

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

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foreclosure sale of the relevant property. ECF No. 4.

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On January 30, 2017, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint. The
following briefing schedule is associated with the Motion to Dismiss:
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February 13, 2017 - Plaintiffs’ deadline to submit their responses to Defendants’
motion; and

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February 21, 2017 - Defendants’ deadline to submit their reply brief in support of
their motion.

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Defendants’ Motion to Dismiss is scheduled for hearing on March 16, 2017. ECF. 30.

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The Mellen Law Firm has just learned that Plaintiffs seek to substitute in new

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representation for this action. Thus, given the foregoing, and in order to allow Plaintiffs the time

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necessary to obtain and substitute in new counsel, the Parties’ counsel stipulate and agree to a

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continue the hearing and briefing schedule associated with Defendants’ Motion to Dismiss as set

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forth below:

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•

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motion;
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March 15, 2017 - Plaintiffs’ deadline to submit their responses to Defendants’

March 22, 2017 - Defendants’ deadline to submit their reply brief in support of
their motion; and

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April 20, 2017 at 1:30 pm. – hearing on Defendants’ Motion to Dismiss.

This stipulation is not being made for the purpose of delay or any other improper reason.

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

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Plaintiffs and Defendants so stipulate.
DATED: February 9, 2017

WRIGHT FINLAY & ZAK

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By: /s/ Ronald Arlas
RONALD ARLAS
Attorneys for Defendants
SHELLPOINT MORTGAGE
SERVICING and BANK OF NEW YORK
MELLON

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DATED: February 9, 2017

MELLEN LAW FIRM

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By: /s/ Jessica Galletta
MATTHEW D. MELLEN
JESSICA GALLETTA
Attorneys for Plaintiffs
ENAYATOLLAH NADAF-RAHROV and
FOROUGH NADAF-RAHROV

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ATTESTATION OF SIGNATURE:

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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).
Dated: February 9, 2017

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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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The Court, having reviewed the Parties’ stipulation and finding good cause to issue an
Order thereon, hereby grants the Parties stipulation and orders the following briefing schedule
with regard to Defendants’ Motion to Dismiss:
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motion;

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•

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March 22, 2017 - Defendants’ deadline to submit their reply brief in support of
their motion; and

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March 15, 2017 - Plaintiffs’ deadline to submit their responses to Defendants’

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April 20, 2017 at 1:30 pm. – hearing on Defendants’ Motion to Dismiss.

IT IS SO ORDERED

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2/10/17
DATED: ________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO CONTINUE HEARINGS
AND BRIEFING SCHEDULE

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