Hartford Fire Insurance Company v. Bank of America, N.A. et al

Filing 24

STIPULATION AND ORDER re 23 STIPULATION WITH PROPOSED ORDER re 22 Order Dismissing Case Joint Stipulation Requesting Extension of Automatic Dismissal Deadline in Court's November 14, 2012 Order filed by Hartford Fire Insurance Company, LoanCity, Richard D. Soukoulis, Blue Ridge Investments, L.L.C., Bank of America, N.A.. Signed by Judge ARMSTRONG on 12/11/12. (lrc, COURT STAFF) (Filed on 12/13/2012)

Case4:12-cv-02460-SBA Document23 Filed12/11/12 Page1 of 3

1 MARK JOSEPH KENNEY (State Bar No. 87345)
[e-mail]
2 JAN T. CHILTON (State Bar No. 47582)
[e-mail]
3 CHARLES D. MARSHALL (State Bar No. 236444)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendants, Counterclaimants and
8 Third Party Plaintiffs Bank of America, N.A. and
Blue Ridge Investments, L.L.C.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — OAKLAND DIVISION

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13 HARTFORD FIRE INSURANCE
COMPANY,
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Plaintiff,
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vs.
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BANK OF AMERICA, N.A., et al.,
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Defendants.
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Case No. CV 12-2460-SBA
JOINT STIPULATION REQUESTING
EXTENSION OF AUTOMATIC
DISMISSAL DEADLINE IN COURT’S
NOVEMBER 14, 2012 ORDER
Crtrm.:
Trial Date:

1 - 4th Floor
None

The Hon. Saundra Brown Armstrong

19 AND RELATED COUNTERCLAIMS AND
THIRD PARTY COMPLAINTS
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10597.0268/2493023.1

CV 12-2460-SBA
JOINT STIPULATION

Case4:12-cv-02460-SBA Document23 Filed12/11/12 Page2 of 3

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This Stipulation is entered into by and between Plaintiff Hartford Fire Insurance Company,

2 Bank of America, N.A., Blue Ridge Investments, L.L.C., Loancity, and Richard D. Soukoulis,
3 through their counsel of record. This Stipulation is made in consideration of the following facts
4 and circumstances.
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1.

Plaintiff filed its complaint for declaratory action on May 15, 2012. [Dkt. No. 1].

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2.

On September 13, 2012, this Court entered an order granting the parties’ stipulated

7 request for referral to Magistrate Judge Donna M. Ryu for an early settlement conference. [Dkt
8 No. 19].
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3.

On November 9, 2012, the parties conducted an early settlement conference in front

10 of Magistrate Judge Ryu. The conference was a success, and the parties agreed to fully settle the
11 matter with settlement documents to be finalized in the weeks after the conference. [Dkt. No. 21].
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4.

On November 14, 2012, this Court entered an order conditionally dismissing the

13 matter with prejudice, with the order set to become final within 30 days of the entry of the order,
14 or December 14, 2012. [Dkt. No. 22].
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5.

The parties have made a good faith effort to finalize the settlement documents

16 within the period set forth in the November 14, 2012, order but given the intervening holiday and
17 schedules of counsel and the parties, the parties require an extension of time to finalize the
18 documents.
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AGREEMENT
IT IS NOW THEREFORE STIPULATED AND AGREED by and between the parties

21 hereto and through their respective counsel that the date on which the November 14, 2012,
22 conditional order of dismissal [Dkt. No. 22] becomes final be extended by 31 days—or until
23 January 14, 2012, to allow for the finalization of the settlement documents.
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10597.0268/2493023.1

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CV 12-2460-SBA
JOINT STIPULATION

Case4:12-cv-02460-SBA Document23 Filed12/11/12 Page3 of 3

1 DATED: December 10, 2012
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By:

/s/ Charles D. Marshall
Charles D. Marshall

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Attorneys for Defendants BANK OF AMERICA, N.A.
and BLUE RIDGE INVESTMENTS, L.L.C.

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DATED: December 10, 2012

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By:

/s/ James D. Curran
James D. Curran

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Attorneys for Plaintiff HARTFORD FIRE
INSURANCE COMPANY

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13 DATED: December 10, 2012
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By:

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/s/ David Sturgeon-Garcia
David Sturgeon Garcia

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Attorneys for Defendants LOANCITY and RICHARD
D. SOUKOULIS

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I, Charles D. Marshall, am the ECF user whose identification and password are being used
to file this Joint Stipulation. I hereby attest that James D. Curran and David Sturgeon-Garcia have
concurred in this filing.
By: _____/s/ Charles D. Marshall____

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IT IS SO ORDERED.
This ________ day of ________ 2012.
11th
December

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_________________________________
The Honorable Saundra Brown Armstrong
United States District Judge

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10597.0268/2493023.1

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CV 12-2460-SBA
JOINT STIPULATION