Neuman et al v. Quality Loan Service Corp. et al

Filing 14

STIPULATION AND ORDER AS MODIFIED re 11 STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by U.S. Bank, N.A.,, Select Portfolio Service Inc, Sheri Neuman, Ryan Neuman. Case is not stayed, but specified deadlines are cont inued. Case Management Statement due by 8/1/2017. Initial Case Management Conference set for 8/8/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/20/17. (sisS, COURT STAFF) (Filed on 3/20/2017) Modified on 3/21/2017 (kawlc1, COURT STAFF).

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LOCKE LORD LLP
Regina J. McClendon (SBN 184669)
[e-mail]
Xiyi Fu (SBN 278274)
[e-mail]
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
Select Portfolio Servicing, Inc.; and U.S. Bank, National Association, as Trustee to Thornburg
Mortgage Securities Trust 2005-3

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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)
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Plaintiffs,
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vs.
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QUALITY LOAN SERVICE CORP., SELECT )
PORTFOLIO SERVICE INC, U.S. BANK, N.A. )
)
AS TRUSTEE FOR THE THORNBURG
MORTGAGE SECURITIES TRUST 2005-3, JP )
MORGAN CHASE BANK N.A., DOES 1-10 )
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Defendants.
)
RYAN NEUMAN and SHERI NEUMAN

CASE NO.: 4:17-cv-01157-KAW
Hon. Kandis Westmore
STIPULATION TO STAY PROCEEDINGS
AND [PROPOSED] ORDER AS MODIFIED

Complaint Filed: February 8, 2017

Plaintiffs Ryan Neuman and Sheri Neuman (“Plaintiffs”) and Defendants Select Portfolio

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Servicing, Inc. and U.S. Bank, National Association, as Trustee to Thornburg Mortgage Securities

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Trust 2005-3 (“Defendants”), by and through their respective counsel of record, jointly stipulate and

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agree as follows:

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RECITALS
1.

Plaintiffs filed their Complaint on February 8, 2017. Dkt. 1-1.

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STIPULATION AND [PROPOSED] ORDER
Neuman v.Quality Loan Service Corp., et al., Case No. 4:17-cv-01157-KAW

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2.

Defendants filed a Notice of Removal on March 6, 2017, removing the instant case to

the United States District Court in the Northern District of California. Dkt. 1.

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3.

Defendants’ deadline to file a response to the Complaint is March 13, 2017.

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The parties are working on a potential resolution to this matter, and in connection

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with these discussions, wish to stay all proceedings in this matter, including hearings, briefings,

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appearances and any other deadlines imposed by law or the Court, for 45 days.

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8.

The parties stipulate and agree that the extension request herein is not requested for

purposes of delay and will not result in any prejudice to the parties or to the Court.

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STIPULATION

1.

The action shall be stayed for 45 days.

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Locke Lord LLP

WHEREFORE, the Parties stipulate and agree:

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44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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2.

The deadline for Defendants to file a response to Plaintiff’s Complaint shall be

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extended to April 27, 2017.
3.

The Initial Case Management Conference, currently scheduled for June 6, 2017, shall

be continued for 45 days or to a date that is convenient for this Court.

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IT IS SO STIPULATED.

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Dated: March 21, 2017

Respectfully submitted,
LOCKE LORD LLP

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By:

/s/ Xiyi Fu
Regina J. McClendon
Xiyi Fu
Attorneys for Defendants Select Portfolio Servicing,
Inc.; and U.S. Bank, National Association, as Trustee to
Thornburg Mortgage Securities Trust 2005-3

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STIPULATION AND [PROPOSED] ORDER
Neuman v.Quality Loan Service Corp., et al., Case No. 4:17-cv-01157-KAW

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Dated: March 21, 2017

Respectfully submitted,
MOSS & MURPHY

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By:

/s/ Glenn Moss
Glenn Moss
Ann Murphy
Attorneys for Plaintiffs Ryan Neuman and Sheri
Neuman

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Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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STIPULATION AND [PROPOSED] ORDER
Neuman v.Quality Loan Service Corp., et al., Case No. 4:17-cv-01157-KAW

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Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that she has obtained concurrence

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regarding the filing of this document from the signatories to the document.

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Dated: March 21, 2017

/s/ Xiyi Fu_________
Xiyi Fu

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Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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STIPULATION AND [PROPOSED] ORDER
Neuman v.Quality Loan Service Corp., et al., Case No. 4:17-cv-01157-KAW

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[PROPOSED] ORDER AS MODIFIED
Pursuant to the stipulation of the parties, and good cause appearing, the Court hereby orders
as follows:

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1.

All proceedings are stayed until _______.

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2.

The deadline for Defendants Select Portfolio Servicing, Inc. and U.S. Bank, National

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Association, as Trustee to Thornburg Mortgage Securities Trust 2005-3 to file a response to the

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Complaint shall be extended to April 27, 2017.

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3.

The July 6, 2017 Initial Case Management Conference shall be continued to August

8, 2017.

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IT IS SO ORDERED.

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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3/20/17
Dated:________________

_____________________________
Honorable Kandis A. Westmore
Magistrate Judge of the United States District Court

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STIPULATION AND [PROPOSED] ORDER
Neuman v.Quality Loan Service Corp., et al., Case No. 4:17-cv-01157-KAW