Bone et al v. Wells Fargo Home Mortgage et al

Filing 45

STIPULATION AND ORDER TO CONTINUE HEARING DATE FOR DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE re 44 Stipulation, filed by Bank of America N.A., Wells Fargo Home Mortgage. Signed by Judge Phyllis J. Hamilton on 3/22/11. (nah, COURT STAFF) (Filed on 3/22/2011)

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DONALD J. QUERIO (State Bar No. 54367) [e-mail] EDWARD R. BUELL, III (State Bar No. 240494) [e-mail] SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants WELLS FARGO HOME MORTGAGE and BANK OF AMERICA, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No.: 4:10-cv-02011-PJH STIPULATION TO CONTINUE HEARING DATE FOR DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT [FRCP 12(B)(6) & FRCP 12(F)]; [PROPOSED] ORDER Current Date: Time: Dept.: Judge: Comp. Date: Trial Date: March 23, 2011 9:00 a.m. Courtroom 3, 3rd Floor Hon. Phyllis J. Hamilton April 6, 2010 TBD

12 ROBERT BONÉ and NANCY BONÉ, 13 14 vs. Plaintiffs,

15 WELLS FARGO HOME MORTGAGE, a division of Wells Fargo Bank, N.A., successor 16 by merger to Wells Fargo Home Mortgage, Inc.; BANK OF AMERICA, N.A.; and DOES 17 1 through 30,, 18 19 20 21 22 23 24 25 26 27 28
07685/0585/870969.3

Defendants.

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STIPULATION CONTINUING HEARING FOR MOTION TO DISMISS AND TO STRIKE FIRST AMENDED COMPLAINT Case No.: 4:10-cv-02011-PJH Dockets.Justia.com

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Plaintiffs Robert Boné and Nancy Boné ("Plaintiffs") and Defendants Wells Fargo Home Mortgage, a division of Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. ("WFHM") and Bank of America, N.A. ("BofA") by and through their respective counsel, hereby stipulate that the Motion to Dismiss and to Strike Portions of the First Amended Complaint filed by Plaintiffs (the "Motion") that is set to be heard on Wednesday, March 23, 2011, at 9:00 a.m. will be continued to Wednesday, April 27, 2011, at 9:00 a.m. or as soon thereafter as the matter may be heard, in Courtroom 3, 3rd Floor of the above-entitled Court, located at U.S. District Court, 1301 Clay Street, Oakland, CA 94612. This stipulation is based upon the following showing of good cause: RECITALS 1. After the Motion was filed, the Parties participated in an early settlement

conference ("ESC") with Magistrate Donna M. Ryu on October 19, 2010 in an effort to resolve the case. Though no settlement was reached at the ESC, the Parties have continued to work together to try and resolve the case with the assistance of Judge Ryu. 2. The Parties reached a tentative settlement on the afternoon of Friday March 18,

2011 and need some additional time to finalize the terms of their agreement and complete the resolution of this matter. To that end, the Parties have stipulated to continue the hearing on the Motion to allow some additional time to complete the resolution without further costly litigation. 3. The continuance will not prejudice the Parties to this action.

07685/0585/870969.3

-2STIPULATION CONTINUING HEARING FOR MOTION TO DISMISS AND TO STRIKE FIRST AMENDED COMPLAINT Case No.: 4:10-cv-02011-PJH

1 2 3 4 5 6 7 8 9 10 11 12 DATED: March 21, 2011 13 14 15 16 17 18 19 20 21 22 23 24 25

STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, as follows: 1. The Motion set for March 23, 2011 will be continued to Wednesday, April 27,

2011, at 9:00 a.m. or as soon thereafter as the matter may be heard, in Courtroom 3, 3rd Floor of the above-entitled Court, located at U.S. District Court, 1301 Clay Street, Oakland, CA 94612. IT IS SO STIPULATED: DATED: March 21, 2011 LAW OFFICES OF DAVID STURGEONGARCIA By: /s/ David Sturgeon-Garcia DAVID STURGEON-GARCIA Attorney for Plaintiffs ROBERT and NANCY BONE

SEVERSON & WERSON A Professional Corporation

By:

/s/ Edward R. Buell III EDWARD R. BUELL III Attorneys for Defendant WELLS FARGO HOME MORTGAGE and BANK OF AMERICA, N.A.

ORDER Pursuant to the stipulation of the parties and GOOD CAUSE APPEARING: IT IS HEREBY ORDERED that the Motion to Dismiss and to Strike Portions of the First Amended Complaint set for hearing on March 23, 2011 is continued to Wednesday,
April 27, 2011 ____________________, 2011, at 9:00 a.m. in Courtroom 3, 3rd Floor of the above-entitled

Court, located at U.S. District Court, 1301 Clay Street, Oakland, CA 94612.
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