Engel v. Washington Mutual Bank FA et al

Filing 30

STIPULATION AND ORDER Case Management Conference set for 1/25/2012 02:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 10/17/11. (lrc, COURT STAFF) (Filed on 10/18/2011)

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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
(named as "National City Bank")

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NORTHERN DISTRICT OF CALIFORNIA

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Attorneys & Counselors At Law

UNITED STATES DISTRICT COURT

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WOLFE & WYMAN LLP

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OAKLAND DIVISION

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DIANA ENGEL, an individual,

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Assigned For All Purposes To:
Hon. Saundra Brown Armstrong
Courtroom 1 – 4th Floor

Plaintiff,

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Case No.: 4:11-cv-00055 SBA

v.
WASHINGTON MUTUAL BANK, FA, a
business entity, form unknown; NATIONAL
CITY BANK, a business entity, form unknown;
ALLIANCE TITLE COMPANY, a business
entity, form unknown; UNITED TITLE AND
SETTLEMENT, a business entity, form
unknown; CALIFORNIA RECONVEYANCE
COMPANY, a business entity, form unknown;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a business
entity, form unknown; and DOES 1-100,
inclusive,

STIPULATION AND ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Date: October 26, 2011
Time: 2:30 p.m.
Place: By Telephone

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Defendants.
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Defendant PNC BANK, NATIONAL ASSOCIATION, as successor by merger to National

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City Bank (named as "National City Bank") (“PNC”), Plaintiff DIANA ENGEL (“Plaintiff”) and

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Defendant CALIFORNIA RECONVEYANCE COMPANY (“CRC”) (collectively, the “Parties”)

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hereby stipulate as follows:

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STIPULATION & ORDER CONTINUING CMC – CASE NO. 4:11-cv-00055 SBA

924292.1

WHEREAS, the Initial Case Management Conference (“CMC”) is scheduled to occur by

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telephone on October 26, 2011;
WHEREAS, the Parties have met and conferred through their attorneys regarding the status

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of the case and the upcoming CMC;
WHEREAS, PNC’s motion to dismiss Plaintiff’s complaint is under submission with the

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court;
WHEREAS, per the agreement of Plaintiff, CRC has not filed a response to the complaint,
and the case is not at issue;
WHEREAS, counsel for CRC reports that Plaintiff sold the subject real property on or about
August 26, 2011;

Attorneys & Counselors At Law

WOLFE & WYMAN LLP

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WHEREAS, in light of the reported sale of the property, Plaintiff’s counsel requires

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additional time to confer with his client regarding whether she wishes to continue to prosecute this

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case; and

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WHEREAS, given the foregoing, the Parties believe that it would be inefficient to hold the

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CMC on October 26 and that the case will not be ripe for scheduling or other case management at

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that time, and

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THEREFORE, IT IS HEREBY STIPULATED THAT the Initial Case Management

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Conference, currently set for October 26, 2011, shall be continued at least 60 days to allow

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additional time for Plaintiff’s counsel to confer with his client and for the court to rule on PNC’s

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motion to dismiss.

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IT IS SO STIPULATED.

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DATED: October 14, 2011

WOLFE & WYMAN LLP

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By: /s/ 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 (named
as "National City Bank")
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STIPULATION & ORDER CONTINUING CMC – CASE NO. 4:11-cv-00055 SBA

924292.1

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DATED: October 14, 2011

LEPERA & ASSOCIATES, PC

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By: /s/ Joseph A. Lepera
JOSEPH A. LEPERA
Attorneys for Plaintiff
DIANA ENGEL

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DATED: October 14, 2011

MORRISON & FOERSTER LLP

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By: /s/ Brian L. Levine
BRIAN L. LEVINE
Attorneys for Defendant
CALIFORNIA RECONVEYANCE COMPANY

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Attorneys & Counselors At Law

WOLFE & WYMAN LLP

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STIPULATION & ORDER CONTINUING CMC – CASE NO. 4:11-cv-00055 SBA
924292.1

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ORDER
The Court, having reviewed the Stipulation Continuing Case Management Conference, and
Good Cause appearing therefore, makes the following Order:
IT IS HEREBY ORDERED THAT the telephonic Case Management Conference currently

scheduled for the conference, the parties shall meet and confer and prepare a joint Case Management

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Conference Statement. The joint statement shall be filed no later than seven (7) days prior to the

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conference and shall comply with the Standing Order for All Judges of the Northern District of

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California and the Standing Order of this Court. Plaintiff shall be responsible for filing the statement

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as well as for arranging the conference call. All parties shall be on the line and shall call (510) 637-

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Attorneys & Counselors At Law

scheduled for October 26, 2011, is CONTINUED to January 25, 2012 at 2:45 p.m. Prior to the date

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WOLFE & WYMAN LLP

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3559 at the above indicated date and time.

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IT IS SO ORDERED.

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Dated: 10/17/11

____________________________________________
Hon. Saundra Brown Armstrong
U.S. DISTRICT COURT JUDGE

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STIPULATION & ORDER CONTINUING CMC – CASE NO. 4:11-cv-00055 SBA

924292.1