Tyler v. National City Mortgage Co. et al

Filing 52

STIPULATION AND ORDER EXTENDING TIME TO FILE A SECOND AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE re 51 Stipulation filed by PNC Bank, National Association. Joint Case Management Statement due by 10/6/2011. Initial Case Management Conference set for 10/13/2011 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 9/2/11. (nah, COURT STAFF) (Filed on 9/2/2011)

1 Stuart B. Wolfe (SBN 156471)

[e-mail]
2 Marcus T. Brown (SBN 255662)

[e-mail]

3 WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
4 Walnut Creek, California 94596-3502
Telephone: [phone]

5 Facsimile: [phone]

6 Attorneys for Defendant

PNC BANK, NATIONAL ASSOCIATION, as successor
7 by merger to National City Bank, previously doing

business as "National City Mortgage" (named as
8 "National City Mortgage Co. If)

9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION

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LEROY TYLER, an individual,

Case No.: 4:10-cv-03415 PJH

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Plaintiff,

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STIPULATION AND (PROPOSED)

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ORDER EXTENDING TIME TO FILE A
SECOND AMENDED COMPLAINT AND
CONTINUING CASE MANAGEMENT
CONFERENCE

v.

NATIONAL CITY MORTGAGE CO., an Ohio
corporation; U.S. BANCORP, a Minnesota
corporation; all persons unknown, claiming any
legal or equitable right, title, estate, lien, or interests Current CMC
in the Subject Property adverse to Plaintiffs title,
Date: September 8, 2011
or any cloud on Plaintiffs title to the Subject
Time: 2:00 p.m.
Property; and DOES 1 through 25, inclusive,
Place: Courtroom 3, 3rd Floor

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Defendants.

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22 COME NOW Defendant PNC BANK, NATIONAL ASSOCIATION, as successor by
23 merger to National City Bank,

previously doing business as "National City Mortgage" (named as
LEROY TYLER

24 "National City Mortgage Co.") ("Defendant" and/or "PNC") and Plaintiff

25 ("Plaintiff') (collectively, "the Parties"), and hereby stipulate as follows:

26 WHEREAS, the Court scheduled a case management conference for September 8, 2011;
27 WHEREAS, Plaintiff

will be filing his second amended complaint ("SAC") by September 2,

28 2011; and
1

STIPULA TION AND ORDER EXTENDING TIME AND CONTINUING CMC
907331.1

1 WHEREAS, the Defendants' time to respond to an SAC will not expire before the case

2 management conference as currently scheduled, and the case will not be at issue at that time or
3 otherwise ripe for case management;
4 NOW, THEREFORE, the Parties stipulate and agree that Plaintiffs time to file a SAC shall

5 be extended to September 2,2011, and the Court's case management conference shall be continued
6 thirty (30) days, to October 10,2011, or another date thereafter that is convenient for the Court.

7 IT is SO STIPULATED.
8 DATED: August 31,2011

WOLFE & WYMAN LLP

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By: lsi Marcus T. Brown SBN 255662
STUART B. WOLFE

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MARCUS T. BROWN

Attorneys for Defendant
PNC BANK, NATIONAL ASSOCIATION, as
successor by merger to National City Bank,

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previously doing business as "National City

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Mortgage" (named as "National City Mortgage Co. If)

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GOINS & ASSOCIATES PLC

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By: lsi Veronica H. Garcia

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VERNON C. GOINS II

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VERONICA H. GARCIA

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Attorneys for Plaintiff
TYLER

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LEROY

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(PROPOSED) ORDER

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, and Plaintiff shall have up to and including

September 2, 2011, to file a second amended complaint.

IT is SO ORDERED.
Dated: September 2 ,2011

S DISTRICT
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IT IS S

ERED
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Hamilto
JUDGE OF THE U.S. DISTRICTlisCOURT
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Judge P

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October 13, 2011

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is hereby continued to

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D I S T I CMC
STIPULATION AND ORDER EXTENDING TIME AND CONTINUING C T O
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907331.l

R NIA

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The Case Management Conference currently scheduled for September 8, 2011 at 2:00 p.m.,

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makes the following Order:

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Complaint and Continuing Case Management Conference, and Good Cause appearing therefore,

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The Court, having reviewed the Stipulation Extending Time to File a Second Amended

UNIT
ED

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