Lawrence v. Wells Fargo Bank, N.A. et al

Filing 21

STIPULATION AND ORDER TO WITHDRAW MOTION TO DISMISS COMPLAINT AND TO SET THE DATE TO RESPOND TO THE FIRST AMENDED COMPLAINT re 20 Stipulation, filed by Wells Fargo Bank, N.A.. Signed by Judge Phyllis J. Hamilton on 5/6/14. (nahS, COURT STAFF) (Filed on 5/6/2014)

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

1 Robert A. Bailey (# 214688)
[e-mail]
2 Kenneth A. Franklin (# 143809)
[e-mail]
3
ANGLIN, FLEWELLING, RASMUSSEN,
4 CAMPBELL & TRYTTEN LLP
199 South Los Robles Avenue, Suite 600
5 Pasadena, California 91101-2459
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
8 merger with Wells Fargo Bank Southwest, N.A.,
f/k/a Wachovia Mortgage, FSB, f/k/a World
9 Savings Bank, FSB (“Wells Fargo”)
10 Alex P. Zarcone
The McCann Law Group, LLP
11 P.O. Box 928158
San Diego, CA 92192
12 Tel: [phone] | Fax: [phone]
13 Attorneys for Plaintiff
EDWARD LAWRENCE
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA (OAKLAND)
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EDWARD LAWRENCE,

CASE NO.: 4:14-CV-01272-PJH

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Plaintiff,

[The Honorable Phyllis J. Hamilton]

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v.

JOINT STIPULATION TO WITHDRAW
MOTION TO DISMISS COMPLAINT
AND TO SET THE DATE TO RESPOND
TO THE FIRST AMENDED COMPLAINT

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WELLS FARGO BANK, N.A.,
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Defendants.
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24 TO THE HONORABLE COURT:
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Plaintiff, EDWARD LAWRENCE (“plaintiff”), and defendant, WELLS FARGO BANK,

26 N.A., successor by merger with Wells Fargo Bank Southwest, N.A. formerly known as
27 WACHOVIA MORTGAGE, FSB formerly known as World Savings Bank, FSB (“Wells
28 Fargo”), through their counsel of record present the following stipulation to withdraw Motion to
93000/FR1254/00862751-1

1

CASE NO.: 4:14-CV-01272-PJH
JOINT STIP TO WITHDRAW MTD &
TO SET DATE TO RESPOND TO FAC

1 Dismiss Complaint and set time to respond to the First Amended Complaint.
RECITALS

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1.

3

WHEREAS, Defendant Wells Fargo filed its Motion to Dismiss the Complaint

4 (Document No. 8) and Request for Judicial Notice in Support of Motion to Dismiss the
5 Complaint (Document No. 9) on March 26, 2014;
2.

WHEREAS, Plaintiff failed to timely respond to the Motion to Dismiss;

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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3.

WHEREAS, Plaintiff filed a First Amended Complaint (“FAC”) on April 18,

8 2014 (Document No. 18);
4.

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WHEREAS, on April 25, 2014 this Court issued an Order requesting that the

10 Motion to Dismiss be withdrawn in light to the FAC (Document No. 19.);
5.

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WHEREAS, Defendant Wells Fargo withdraws its Motion to Dismiss the

12 Complaint (Document Nos. 8 and 8-1) and Request for Judicial Notice in Support of Motion to
13 Dismiss the Complaint (Document No. 9);
6.

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WHEREAS, the Parties agree that the response date to the FAC shall be or before

15 May 13, 2014;
7.

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WHEREAS, this stipulation waives no rights of either Party.

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93000/FR1254/00862751-1

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CASE NO.: 4:14-CV-01272-PJH
JOINT STIP TO WITHDRAW MTD &
TO SET DATE TO RESPOND TO FAC

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STIPULATION

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IT IS HEREBY STIPULATED the Motion to Dismiss the Complaint is withdrawn and

3 that that the deadline for Wells Fargo to respond to the FAC shall be May 13, 2014.
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Respectfully submitted,
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Dated: April 29, 2014

THE MCCANN LAW GROUP, LLP

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By:

/s/ Alex P. Zarcone
Alex P. Zarcone
Attorneys for Plaintiff EDWARD LAWRENCE
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

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9

Dated: April 29, 2014

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By:

/s/ Kenneth A. Franklin
Kenneth A. Franklin
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor by
merger with Wells Fargo Bank Southwest, N.A.,
f/k/a Wachovia Mortgage, FSB, f/k/a World
Savings Bank, FSB (“Wells Fargo”)

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Kenneth A. Franklin, attest that concurrence in the filing of this document has been

17 obtained from each signatory. I declare under penalty of perjury under the laws of the United
18 States of America that the foregoing is true and correct. Executed this day of April 30, 2014.
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By:

/s/ Kenneth A. Franklin

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THE MAY 14, 2014 HEARING DATE IS VACATED.

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hyllis
Judge P

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5/6/14

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UNIT
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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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93000/FR1254/00862751-1

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CASE NO.: 4:14-CV-01272-PJH
JOINT STIP TO WITHDRAW MTD &
TO SET DATE TO RESPOND TO FAC

CERTIFICATE OF SERVICE

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2

I, the undersigned, declare that I am over the age of 18 and am not a party to this action.
3 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,
4 California 91101-2459.
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6

On the date below, I served a copy of the foregoing document entitled:
JOINT STIPULATION TO WITHDRAW MOTION TO DISMISS COMPLAINT AND
TO SET THE DATE TO RESPOND TO THE FIRST AMENDED COMPLAINT

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

on the interested parties in said case as follows:
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Served Electronically Via the Court’s CM/ECF System
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Attorneys for Plaintiff:
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Alex P. Zarcone
The McCann Law Group, LLP
P.O. Box 928158
San Diego, CA 92192

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12

Tel: [phone]
Fax: [phone]

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I declare under penalty of perjury under the laws of the United States of America that
16 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
17 Pasadena, California on April 30, 2014.
18
Leslie Coumans
19

(Type or Print Name)

/s/ Leslie Coumans
(Signature of Declarant)

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93000/FR1254/00862751-1

CASE NO. 4:14-CV-01272-PJH
CERTIFICATE OF SERVICE