Boggs et al v. Wells Fargo Bank, NA et al

Filing 63

ORDER re 61 Stipulation,, filed by Wells Fargo Bank, NA, Michelle A. Moquin, Wachovia Mortgage, Douglas J. Boggs, World Savings, Set/Reset Deadlines as to 61 Stipulation,, 56 MOTION to Dismiss the Second Amended Complaint, 57 MOTION to Strike 54 Second Amended Complaint (Portions of) MOTION to Strike 54 Second Amended Complaint (Portions of). Responses due by 12/30/2011. Replies due by 1/6/2012.. Signed by Judge ARMSTRONG on 12/7/11. (lrc, COURT STAFF) (Filed on 12/8/2011)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

12
13
14

DOUGLAS J. BOGGS, MICHELLE A
MOQUIN,
Plaintiffs,

15
16
17
18

CASE NO.: 4:11-cv-02346-SBA
[Assigned to the Hon. Saundra B. Armstrong]
ORDER GRANTING REQUEST TO
CONDUCT BELATED MEET AND
CONFER AND TO CONTINUE
PLAINTIFFS’ RESPONSE DATE TO
DEFENDANTS’ MOTION TO DISMISS
AND MOTION TO STRIKE PLAINTIFFS’
SECOND AMENDED COMPLAINT

vs.
WELLS FARGO BANK NA, WACHOVIA
MORTGAGE, WORLD SAVINGS, NDEX
WEST LLC, GOLDEN W SAV. ASSOC.
SERVICES CO., and DOES 1 to 50,

19

Current Response Date: December 15, 2011

Defendants.

20

New Response Date: December 30, 2011

21

Hearing Date:

22

Date: April 9, 2012
Time: 1:00 p.m.
Ctrm: 1, 4th Floor

23
24
25

Having read and considered the foregoing Stipulation, and GOOD CAUSE APPEARING:

26

IT IS HEREBY ORDERED:

27

1.

The Parties are to meet and confer on Wells Fargo Bank, N.A., successor by
merger with Wells Fargo Bank, Southwest, N.A., f/k/a Wachovia Mortgage, FSB,

28

C:\DOCUME~1\WORKST~1\LOCALS~1\TEMP\NOTES06E812\ORDER GRANTING
STIP. TO CONT. PLTF'S RESP. DATE TO MTD AND MTS SAC (BOGGS)

(00282363).DOC

1

CASE NO. 4:11-CV-02346-SBA
ORDER CONTINUING PLTF’S RESP. DATE ON
MOTIONS TO DISMISS AND TO STRIKE

1

f/k/a World Savings Bank, FSB (“Wells Fargo”) and Golden West Savings

2

Association Service Co. (“Golden West”) (collectively “Defendants”) Motion to

3

Dismiss and Motion to Strike on December 9, 2011 at 11:00 a.m. by telephone.

4

2.

Plaintiffs’ deadline to respond to Defendants’ Motions is extended to December

5

30, 2011, should the meet and confer in paragraph 3 fail to reach a full resolution

6

of the Motions.

7

3.

Defendants’ reply will therefore be due on January 6, 2012.

8
9

Dated: 12/7/11
HONORABLE SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C:\DOCUME~1\WORKST~1\LOCALS~1\TEMP\NOTES06E812\ORDER GRANTING
STIP. TO CONT. PLTF'S RESP. DATE TO MTD AND MTS SAC (BOGGS)

(00282363).DOC

2

CASE NO. 4:11-CV-02346-SBA
ORDER CONTINUING PLTF’S RESP. DATE ON
MOTIONS TO DISMISS AND TO STRIKE

1
2
3
4

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
DOUGLAS J BOGGS et al,

5
6
7

Plaintiff,
v.
WELLS FARGO BANK NA et al,

8

Defendant.
/

9
10

Case Number: CV11-02346 SBA

11

CERTIFICATE OF SERVICE

12
13
14
15

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 8, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

16
17
18
19

Douglas J. Boggs
1038 57th Street
Oakland, CA 94608

20
21

Michelle A. Moquin
1038 57th Street
Oakland, CA 94608

22
Dated: December 8, 2011
23

Richard W. Wieking, Clerk

24

By: LISA R CLARK, Deputy
Clerk

25
26
27
28
C:\DOCUME~1\WORKST~1\LOCALS~1\TEMP\NOTES06E812\ORDER GRANTING
STIP. TO CONT. PLTF'S RESP. DATE TO MTD AND MTS SAC (BOGGS)

(00282363).DOC

3

CASE NO. 4:11-CV-02346-SBA
ORDER CONTINUING PLTF’S RESP. DATE ON
MOTIONS TO DISMISS AND TO STRIKE

1
2
3
4
5
6
7

CERTIFICATE OF SERVICE
I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I
am employed in the City of Pasadena, California; my business address is Anglin, Flewelling,
Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena,
California 91101-2459.
On the date below, I served a copy of the following document entitled ORDER
GRANTING REQUEST TO CONDUCT BELATED MEET AND CONFER AND TO
CONTINUE PLAINTIFFS’ RESPONSE DATE TO DEFENDANTS’ MOTION TO
DISMISS AND MOTION TO STRIKE PLAINTIFFS’ SECOND AMENDED
COMPLAINT on all interested parties in said case addressed as follows:

8

Served Electronically via the Court’s CM/ECF System:

9

14

Counsel for Defendant NDEX WEST, LLC and LSI TITLE COMPANY
Edward A. Treder, Esq.
Deepika S. Saluja, Esq.
Masumi Jagdish Patel, Esq.
BARRETT, DAFFIN, FRAPPIER, TREDER & WEISS LLP
20955 Pathfinder Rd., Ste. 300
Diamond Bar, CA 91765
Tel: [phone]; Fax: [phone]
[e-mail],
[e-mail],
[e-mail]

15

Served by Means Other Than Electronically via the Court’s CM/ECF System:

16

Plaintiffs Pro Se:
Douglas J. Boggs
Michelle A. Moquin
1038 57th St.
Oakland, CA 94608
Tel: [phone]; Fax: [phone]

10
11
12
13

17
18
19
20
21
22
23
24
25
26
27

BY MAIL: By placing the envelope for collection and mailing following our ordinary
business practices. I am readily familiar with the firm’s practice of collecting and
processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service in Pasadena, California, in sealed envelopes with postage
fully paid thereon.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of
this Court at whose direction the service was made. This declaration is executed in Pasadena,
California, on December 6, 2011.
Mark Betti
(Print name)

/s/ Mark Betti
(Signature)

28
C:\DOCUME~1\WORKST~1\LOCALS~1\TEMP\NOTES06E812\ORDER GRANTING
STIP. TO CONT. PLTF'S RESP. DATE TO MTD AND MTS SAC (BOGGS)

(00282363).DOC

CASE NO. 4:11-CV-02346-SBA
CERTIFICATE OF SERVICE