Baker et al v. Aegis Wholesale Corporation et al

Filing 70

SECOND STIPULATION AND ORDER FOR ENLARGEMENT OF TIME TO ANSWER re 69 Stipulation filed by Countrywide Home Loans Inc. Signed by Judge Phyllis J. Hamilton on 8/30/10. (nah, COURT STAFF) (Filed on 8/30/2010)

Baker et al v. Aegis Wholesale Corporation et al

Doc. 70

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BROOKS R. BROWN (SBN 250724) [e-mail] GOODWIN PROCTER LLP 10250 Constellation Blvd. Los Angeles, California 90067 Tel.: [phone] Fax: [phone] ROBERT B. BADER (SBN 233165) [e-mail] GOODWIN PROCTER LLP Three Embarcadero Center, 24th Floor San Francisco, California 94111 Tel.: [phone] Fax: [phone] Attorneys for Defendant: Countrywide Home Loans, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

VIRGIL A. BAKER; CHARLES B. LOWERY 15 and ELIZABETE LOWERY; and ELLANORE and DAVID LARGENT, individually and on 16 behalf of all others similarly situated, 17 18 vs. Plaintiffs,

Case No.: 4:09-CV-05280-PJH SECOND STIPULATION FOR ENLARGEMENT OF TIME TO ANSWER PLAINTIFFS' FOURTH AMENDED COMPLAINT [Local Rule 6-1]

19 AEGIS WHOLESALE CORPORATION; RESIDENTIAL FUNDING COMPANY, LLC; 20 COUNTRWIDE HOME LOANS, INC. and DOES 3 through 100 inclusive, 21 Defendants. 22 23 24 25 26 27 28
Second Stipulation for Enlargement of Time Case No.: 3:09-CV-05280-PJH
Dockets.Justia.com

Pursuant to Local Rule 6-1, plaintiffs Virgil A. Baker, Charles B. and Elizabete Lowery, and Ellanore and David Largent (collectively, "Plaintiffs"), and defendants Residential Funding Company, LLC ("RFC") and Countrywide Home Loans, Inc. ("CHL") (collectively, "Defendants," and together with Plaintiffs, the "Parties"), through their undersigned counsel, stipulate as follows:

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WHEREAS, the Court entered an order on July 21, 2010, granting in part and denying in part Defendants' motions to dismiss Plaintiffs' Fourth Amended Complaint ("FAC") (Doc. No. 54); WHEREAS, pursuant to the Parties' July 30, 2010 stipulation (Doc No. 57), Defendants' deadline to answer Plaintiffs' FAC currently is August 25, 2010; WHEREAS, RFC asked, and Plaintiffs agreed, to extend RFC's time to answer the FAC to September 1, 2010; WHEREAS, in the interests of efficiency, CHL also asked, and Plaintiffs agreed, to extend CHL's time to answer the FAC to September 1, 2010; WHEREAS, Local Rule 6-1(a) of the United States District Court for the Northern District of California provides that the parties may stipulate to extend the time for responding to a complaint without leave of Court; WHEREAS, no party will be prejudiced by this extension of time; WHEREAS, this Stipulation is without prejudice to, or waiver of, any rights or defenses otherwise available to the Parties in this action; IT IS HEREBY STIPULATED by and between Plaintiffs, on the one hand, and Defendants, on the other, through their respective counsel of record herein, that Defendants may have a one-week extension, to and including September 1, 2010, to answer Plaintiffs' FAC. IT IS SO STIPULATED

-2Second Stipulation for Enlargement of Time Case No.: 3:09-CV-05280-PJH

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 By: /s/ Lee A. Weiss Lee A. Weiss Attorneys for Plaintiffs VIRGIL A. BAKER; CHARLES B. LOWERY and ELIZABETE LOWERY; and ELLANORE and DAVID LARGENT DATED: August 25, 2010 By: /s/ Robert B. Bader Robert B. Bader Attorneys for Defendant COUNTRYWIDE HOME LOANS, INC. BROWNE WOODS GEORGE LLP DATED: August 25, 2010 By: /s/ Erik Kemp Erik Kemp Attorneys for Defendant RESIDENTIAL FUNDING COMPANY, LLC GOODWIN PROCTER LLP DATED: August 25, 2010 SEVERSON & WERSON A Professional Corporation

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-3Second Stipulation for Enlargement of Time Case No.: 3:09-CV-05280-PJH

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 25, 2010

ECF CERTIFICATION Pursuant to General Order No. 45, § X.B., the filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to the document.

GOODWIN PROCTER LLP

By: /s/ Robert B. Bader Attorneys for Defendant COUNTRYWIDE HOME LOANS, INC.

-4Second Stipulation for Enlargement of Time Case No.: 3:09-CV-05280-PJH

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PROOF OF SERVICE I certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on August 25, 2010. /s/ Robert B. Bader Robert B. Bader

-5Second Stipulation for Enlargement of Time Case No.: 3:09-CV-05280-PJH