Khan et al v. Bank of America, N.A. et al

Filing 33

STIPULATION AND [MODIFIED]ORDER TO VACATE THE CASE MANAGEMENT CONFERENCE AND SETTING COMPLIANCE HEARING FOR FILING STIPULATION OF DISMISSAL. The 5/21/2012 Case Management Conference is VACATED. Compliance Hearing is set for Friday, 6/29/2012 09:01 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 5/9/12. (fs, COURT STAFF) (Filed on 5/9/2012)

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1 2 3 4 5 BRYAN CAVE LLP C. Scott Greene, California Bar No. 277445 Alison Lippa, California Bar No. 160807 Michelle M. Cammarata, California Bar No. 250258 333 Market Street, 25th Floor San Francisco, California 94105 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-Mail: cammaratam@bryancave.com 6 7 Attorneys for Defendants Bank of America, N.A., for itself and as successor by merger to BAC Home Loans Servicing, LP 8 10 San Francisco, CA 94105 333 MARKET STREET, 25TH FLOOR Bryan Cave LLP 9 11 GENSER & WATKINS LLP Joshua G. Genser, California Bar No. 111526 125 Park Place, Suite 210 Point Richmond, California 94801 Telephone: (510) 237-6916 Facsimile: (510) 236-9851 12 13 Attorney for Plaintiffs Faiyaz Khan and Rehana A. Khan 14 15 IN THE UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 FAIYAZ KHAN and REHANA A. KHAN, Case No. 4:11-cv-03853-YGR 18 Plaintiffs, 19 v. 20 21 BANK OF AMERICA, N.A., BAC HOME LOANS SERVICING, L.P., and DOES 1-10, STIPULATION TO VACATE THE CASE MANAGEMENT CONFERENCE AND [MODIFIED] ORDER; AND SETTING COMPLIANCE HEARING FOR FILING STIPULATION OF DISMISSAL Defendants. 22 23 24 25 26 27 28 SF01DOCS\82140.1 STIPULATION AND [MODIFIED] ORDER 1 TO THE COURT IN THE ABOVE ENTITLED ACTION: 2 Plaintiffs Faiyaz Khan and Rehana Khan (“Plaintiffs”) and Defendant Bank of America, 3 N.A, for itself and as successor by merger to BAC Home Loans Servicing, LP (collectively 4 “Parties”), through their counsel of record, hereby enter into the following stipulation to vacate the 5 6 7 Case Management Conference. WHEREAS, a Case Management Conference is currently scheduled for Monday May 21, 8 2012 at 2:00 p.m.; 10 San Francisco, CA 94105 333 MARKET STREET, 25TH FLOOR Bryan Cave LLP 9 11 WHEREAS, Plaintiffs filed the First Amended Complaint on July 5, 2011; WHEREAS, the Parties agreed to settle this matter on April 26, 2012; WHEREAS, the First Amended Complaint will be dismissed as soon as the terms of the 12 Settlement Agreement have been finalized and executed; 13 14 WHEREFORE, the Parties, by and through their respective counsel of record, hereby agree 15 and request this Court to vacate the Case Management Conference currently scheduled for May 16 21, 2012. 17 IT IS SO STIPULATED. 18 19 Dated: May , 2012 20 BRYAN CAVE LLP By: /s/ Michelle M. Cammarata Michelle M. Cammarata Attorney for Defendant BANK OF AMERICA, N.A., for itself and as successor by merger to BAC HOME LOANS SERVICING, LP 21 22 23 24 Dated: May 6 , 2012 GENSER & WATKINS, LLP 25 By: 26 27 /s/ Joshua Genser Joshua G. Genser Attorney for Plaintiffs Faiyaz Khan and Rehana A. Khan 28 SF01DOCS\82140.1 2 STIPULATION AND [MODIFIED] ORDER 1 2 3 [MODIFIED] ORDER Having reviewed the above stipulation of Plaintiffs Faiyaz Khan and Rehana Khan and Defendant Bank of America, N.A, for itself and as successor by merger to BAC Home Loans 4 Servicing, LP and good cause appearing therefore, the Case Management Conference scheduled 5 6 7 for May 21, 2012, is hereby VACATED. The Court understands that the above-captioned case has settled. A Compliance Hearing 8 shall be held on Friday, June 29, 2012 on the Court’s 9:01a.m. Calendar, in the Federal 10 San Francisco, CA 94105 333 MARKET STREET, 25TH FLOOR Bryan Cave LLP 9 Courthouse located at 1301 Clay Street, Oakland, California, in a courtroom to be designated. 11 Five (5) business days prior to the date of the compliance hearing, the parties shall file either (a) a Stipulation of Dismissal; or (b) a one-page JOINT STATEMENT setting forth an 12 explanation regarding the failure to comply. If compliance is complete, the parties need not 13 14 15 appear and the Compliance Conference will be taken off calendar. Telephonic appearances will be allowed if the parties have submitted a joint statement in a 16 timely fashion. Failure to do so may result in sanctions. 17 This Order Terminates Docket Number 32. 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 20 Dated: May 9, 2012 21 _______________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 22 23 24 25 26 27 28 SF01DOCS\82140.1 3 STIPULATION AND [MODIFIED] ORDER

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