Tyler v. National City Mortgage Co. et al

Filing 63

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 62 Stipulation filed by PNC Bank, National Association, Leroy Tyler. Joint Case Management Statement due by 2/16/2012. Initial Case Management Conference set for 2/23/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 1/3/12. (nah, COURT STAFF) (Filed on 1/3/2012)

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Stuart B. Wolfe (SBN 156471)
[e-mail]
Marcus T. Brown (SBN 255662)
[e-mail]
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PNC BANK, NATIONAL ASSOCIATION, as successor
by merger to National City Bank, previously doing
business as "National City Mortgage" (named as
"National City Mortgage Co."); U.S. BANK, N.A.,
(erroneously sued as "U.S. Bancorp")

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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LEROY TYLER, an individual,

Case No.: 4: 1 0-cv-03415 PJH

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Plaintiff,
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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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
in the Subject Property adverse to Plaintiff’s title,
or any cloud on Plaintiffs title to the Subject
Property; and DOES 1 through 25, inclusive,

Date: January 5, 2012
Time: 1:00 p.m.
Place: Courtroom 3 3rd Floor

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Defendants.
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Plaintiff and Defendants PNC BANK, NATIONAL ASSOCIATION, as successor by merger

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to National City Bank, previously doing business as "National City Mortgage" (named as "National

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City Mortgage Co.") ("PNC") and U.S. BANK, N.A. (erroneously sued as "U.S. Bancorp") hereby

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stipulate as follows and request that the court enter the proposed order set forth below.

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WHEREAS, the court scheduled a case management conference for January 5, 2012;

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WHEREAS, the court has since granted Defendants’ motion to dismiss Plaintiffs second

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amended complaint; ordered PNC to notify the court no later than January 17, 2012, regarding the
STIPULATION AND ORDER CONTINUING CMC

962373.1

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possibility of a loan modification; and deferred its ruling on whether to grant Plaintiff further leave

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to amend until after PNC provides this notification; and
WHEREAS, the case will not be at issue or otherwise ripe for case management by the time

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of the case management conference,
NOW, THEREFORE, the parties stipulate and agree that case management conference shall

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be continued to February 1, 2012, or another date thereafter that is convenient for the Court.
IT IS SO STIPULATED.

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WOLFE & WYMAN LLP

DATED: December 28, 2011

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By: Is! Marcus T. Brown SBN 255662
STUART B. WOLFE
MARCUS T. BROWN
Attorneys for Defendant
PNC BANK, NATIONAL ASSOCIATION, as
successor by merger to National City Bank,
previously doing business as "National City
Mortgage" (named as "National City Mortgage Co.")

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GOINS & ASSOCIATES PLC

DATED: December 28, 2011

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By: Is! Veronica H. Garcia
VERNON C. GOINS II
VERONICA H. GARCIA
Attorneys for Plaintiff
LEROY TYLER

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ORDER

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Based upon the foregoing stipulation and good cause appearing, the court ORDERS that the

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continued to February 2
IT IS SO ORDERED.

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STIPULATION AND ORDER CONTINUING CMC
962373.1

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Hamilto

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hyllis J.

Judge P

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ERED
THE HONORABLE PHYLLIS J.DHAMILTON
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UNITED STATES DISTRICT COURT JUDGE
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1/3/12

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Dated:

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, 2012.

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case management conference currently scheduled for January 5, 2012, at 1:00 p.m., is hereby

UNIT
ED

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