Tuck et al v. Wells Fargo Home Mortgage

Filing 37

Order by Magistrate Judge Donna M. Ryu granting 36 Stipulation.(dmrlc1, COURT STAFF) (Filed on 10/9/2012)

1 MARSHALL C. WALLACE (BARNO. 127103)
KEITH D. YANDELL (BAR NO. 233146)
2 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
3 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
4 Phone: [phone]
Fax: [phone]
5 E-Mail: [e-mail]
[e-mail]
6
JOSI KENNON SWONETZ (BAR NO. 260575)
7 501 West Broadway, 15th Floor
San Diego, California 92101-3541
8 Phone: [phone]
Fax: [phone]
9 E-Mail: [e-mail]
10 Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by merger with
11 Wells Fargo Bank Southwest, N.A. f/kJai Wachovia
Mortgage, FSB f/kJa World Savings Bank, FSB
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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16 ROBERT TUCK, PATRICIA BERKOWITZ,

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[Assigned for all purpose to Magistrate Judge
Donna M. Ryu]

Plaintiffs,

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Case No. 4:12-CV-04002-DMR

vs.

19 WELLS FARGO HOME MORTGAGE; NDEX
WEST, LLC; DOES 1 through 50, inclusive,
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Defendants.
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STIPULATION TO CONTINUE HEARING
ON (1) WELLS FARGO BANK, N.A.'S
MOTION TO DISMISS THE COMPLAINT
AND (2) PLAINTIFFS' ORDER TO SHOW
CAUSE WHY A PRELIMINARY
INJUNCTION SHOULD NOT ISSUE AND
[PROPOSED] ORDER

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Date: October 11, 2012
Time: 11 :00 a.m.
_ _ _ _ _ _ _ _ _ _ _ _ _ _------' Dept.: 4, 3rd Floor

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LAW OFFICES

Allen Matkins Leek Gamble
Mallory & Natsis LLP

793674.02/SD

Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE HEARING ON MOTIONS AND [pROPOSED] ORDER

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STIPULATION

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This stipulation is entered into by and between Plaintiffs Robert Tuck and Patricia
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5 Berkowitz ("Plaintiffs") and Defendant Wells Fargo Bank, N.A. ("Wells Fargo"), through their

6 respective counsel of record, with regard to the following:
WHEREAS, the hearing on Wells Fargo's Motion to Dismiss the Complaint is currently
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8 scheduled for October 11, 2012 at 11 :00 a.m.;
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WHEREAS, the hearing on Plaintiffs' Order to Show Cause Why a Preliminary Injunction

10 Should Not Issue is currently scheduled for October 11, 2012 at 11 :00 a.m.;

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WHEREAS, Plaintiffs and Wells Fargo are attempting to reach a settlement and wish to

12 maintain the status quo during the settlement negotiations;
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Plaintiffs and Wells Fargo, through their respective counsel, hereby stipulate as follows:

1.
The hearing on Wells Fargo's Motion to Dismiss the Complaint currently scheduled
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15 for October 11,2012 at 11:00 a.m. be continued 45 (forty five) days, or such other longer period

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as is convenient for the Court.

2.
The hearing on Plaintiffs' Order to Show Cause Why a Preliminary Injunction
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18 Should Not Issue currently scheduled for October 11,2012 at 11 :00 a.m. be continued 45 (forty
19 five) days, or such other longer period as is convenient for the Court.
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AGREED TO AND ACCEPTED BY:

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Dated: October

'1, 2012

ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP

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By:
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lsi Josi Kennon Swonetz
JOSI KENNON SWONETZ
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest,
N.A. f/k/aJ Wachovia Mortgage, FSB f/k/a
World Savings Bank, FSB

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LAW OFFICES

Allen Matkins Leck Gamble
Mallory & Natsls LLP

793674.02/S0

Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE HEARING ON MOTIONS AND [pROPOSED] ORDER

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Dated: October

'1., 2012

CAMACHO & ASSOCIATES

/'

BY~~

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Attorneys for Plaintiffs
Robert Tuck and Patricia Berkowitz

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LAW OFFICES

Allen Matkins Leek Gamble

--

ills W. CAMACHO

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[PROPOSED] ORDER

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For good cause appearing, it is so ordered as follows:

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1.

The hearing on Wells Fargo's Motion to Dismiss the Complaint currently scheduled

4 for October 11,2012 at 11:00 a.m. is rescheduled for November 29,2012 at 11:00 a.m.
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2.

The hearing on Plaintiffs' Order to Show Cause Why a Preliminary Injunction

6 Should Not Issue currently scheduled for October 11, 2012 at 11:00 a.m. is rescheduled for
7 November 29, 2012 at 11:00 a.m.

Oct. 9, 2012
10 Dated: _ _ _ _ _ _ _ _ _ _ __

DERED

O OR
IT IS S

R NIA

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UNIT
ED

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IT IS SO ORDERED.

RT
U
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RT

ER

M. Ryu

H

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onna
Judge D

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NO

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N

D IS T IC T
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OF

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LAW OFFICES

Allen Matkins Leek Gamble
Mallory & Natsis LLP

793674.02/SD

FO

Hon. Donna M. Ryu
Magistrate Judge, United States District Court

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A

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S DISTRICT
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Case No. 4:12-CV-04002-DMR
STIPULATION TO CONTINUE HEARING ON MOTIONS AND [pROPOSED] ORDER

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