Kennedy v. Bank of America National Association et al

Filing 14

ORDER re 13 Granting Stipulation TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2. Case Management Conference set for 7/1/2010 02:00 PM. Signed by Judge Claudia Wilken on 5/28/2010. (ndr, COURT STAFF) (Filed on 5/28/2010)

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PATRICIA K. GILLETTE (STATE BAR NO. 74461) [e-mail] MICHAEL D. WEIL (STATE BAR NO. 209056) [e-mail] LENA P. RYAN (STATE BAR NO. 258782) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, BANK OF AMERICA, NATIONAL ASSOCIATION, BANK OF AMERICA CORPORATION, and STEVE OWEN JOHN B. MCMORROW (STATE BAR NO. 71911) LAW OFFICES OF JOHN B. MCMORROW 39650 Liberty Street, Suite 250 Fremont, CA 94538 Telephone No.: [phone] Fax No.: [phone] [e-mail]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

CLAUDIA KENNEDY, Plaintiff, v. BANK OF AMERICA, NATIONAL ASSOCIATION; BANK OF AMERICA CORPORATION; STEVE OWEN, Manager, BANK OF AMERICA, Hayward, California; and DOES 1 through 25, inclusive, Defendants.

Case No. CV 10-00868 CW STIPULATED REQUEST TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 AND ORDER CMC date: June 8, 2010 Time: 2:00 p.m. Courtroom: 2, 4th Floor Judge: Hon. Claudia Wilken

OHS West:260924607.1

STIPULATED REQUEST TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 AND PROPOSED ORDER

CASE NO. CV 10-00868 CW

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 1. STIPULATION Defendants, Bank of America, National Association, Bank of America

Corporation, and Steve Owen (collectively, "Defendants") and Plaintiff Claudia Kennedy, by and through their undersigned counsel, hereby stipulate and agree to continue the Case Management Conference until August 3, 2010 or as soon as practicable thereafter as the availability of the Court's calendar permits. 2. The reason for this stipulation and request is that a Motion to Dismiss filed by

Defendants on May 17, 2010 is currently pending before the Court. The hearing on the motion is set for July 1, 2010. Therefore, in the interest of conserving the Court's time and resources, the parties believe that it is prudent to continue the Case Management Conference and associated deadlines until after the hearing on the Motion to Dismiss. 3. No other time modifications by stipulation have been requested in this matter. No

time modifications have been ordered by the Court. 4. The effect of this requested time modification would be to move the deadlines for

the exchange of initial disclosures under Federal Rule of Civil Procedure 26(a)(1), the conference of the parties under Federal Rule of Civil Procedure 26(f) and the submission of the Federal Rule of Civil Procedure 26(f) Joint Statement. The time modification would also postpone the date on which the parties may commence discovery under Federal Rule of Civil Procedure 26(d)(1). 5. Both parties agree to the stipulation as indicated by their signatures below. The

parties respectfully request that the Court approve the Stipulation, pursuant to Civil L.R. 6-2 and enter an Order thereupon. A form of proposed Order is filed herewith. /// /// /// /// ///

OHS West:260924607.1

STIPULATED REQUEST TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 AND PROPOSED ORDER

CASE NO. CV 10-00868 CW

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Respectfully submitted, DATED: May 27, 2010 ORRICK, HERRINGTON & SUTCLIFFE By: /s/ Michael D. Weil MICHAEL D. WEIL Attorneys for Defendants Bank of America, National Association, Bank of America Corporation, and Steve Owen

DATED: May 27, 2010

LAW OFFICES OF JOHN B. MCMORROW

By:

/s/ John B. McMorrow Attorneys for Plaintiff Claudia Kennedy

I hereby attest that the concurrence in the filing of this document has been obtained from John B. McMorrow, Attorney for Plaintiff, Claudia Kennedy.

/s/ Michael D. Weil Michael D. Weil Attorneys for Defendants BANK OF AMERICA, NATIONAL ASSOCIATION, BANK OF AMERICA CORPORATION, and STEVE OWEN

STIPULATED REQUEST TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 AND PROPOSED ORDER

CASE NO. CV 10-00868 CW

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ORDER The Court having considered the above Stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED that the scheduled Case Management Conference date of June 8, 2010 is vacated, and shall be rescheduled for July 1, 2010 at 2 p.m.

DATED: May 28, 2010

Judge Claudia Wilken UNITED STATES DISTRICT JUDGE

STIPULATED REQUEST TO CHANGE TIME PURSUANT TO CIVIL L.R. 6-2 AND PROPOSED ORDER

CASE NO. CV 10-00868 CW