Saldana, as trustee of the Saldana Revocable Family Trust et al v. Wells Fargo Bank, N.A. et al

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Denying 45 Stipulation Permitting Telephonic Appearance at Case Management Conference and Motion to Dismiss/Strike Hearings re 31 MOTION to Strike Punitive Damages, 34 Order on Stipulation, 32 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). (ndrS, COURT STAFF) (Filed on 8/15/2018)

1
2
3
4
5
6

Jana Logan (CA SBN 171152)
KIRBY & McGUINN, A P.C.
707 Broadway, Suite 1750
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
U.S. Bank, National Association as Legal Title Trustee for the Truman 2016 SC6
Title Trust

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12
13

AMELIA SALDANA, as trustee of the
Saldana Revocable Family Trust and
JOSE G. SALDANA, JR., trust
beneficiary,

16
17
18
19
20
21

STIPULATION FOR ORDER
PERMITTING TELEPHONIC
APPEARANCE AT CASE
MANAGEMENT CONFERENCE
AND MOTION TO
DISMISS/STRIKE HEARINGS

Plaintiffs,

14
15

CASE NO. 4:18-CV-01049-HSG

v.
WELLS FARGO BANK, N.A.; THE
BANK OF NEW YORK MELLON, f/k/a
THE BANK OF NEW YORK as Trustee
for the WORLD SAVINGS REMIC 24,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 24 TRUST,
US BANK NATIONAL ASSOCIATION
AS LEGAL TITLE TRUSTEE FOR
TRUMAN 2016 SC6 TITLE TRUST and
DOES 1-100, inclusive,

Date: September 6, 2018
Time: 2:00 p.m.
Ctrm.: 2 (4th Floor)
Judge: Hon. Haywood S. Gilliam, Jr.
Action Filed: January 17, 2018
Removed: February 16, 2018

Defendants.

22
23
24

TO THE HONORABLE HAYWOOD S. GILLIAM, JR.:

25

This Stipulation for Order Permitting Telephonic Appearance of Defendant

26

U.S. Bank, National Association as Legal Title Trustee for the Truman 2016 SC6

27

Title Trust (“U.S. Bank”) at the Case Management Conference and Motions to

28

Dismiss and Strike scheduled for September 6, 2018 is made and entered into by and
1
STIPULATION FOR ORDER PERMITTING TELEPHONIC APPEARANCE OF U.S. BANK

1

among Plaintiffs Amelia Saldana, as trustee of the Saldana Revocable Family Trust

2

and Jose G. Saldana, Jr., trust beneficiary (“Plaintiffs”) and Wells Fargo Bank, N.A.

3

successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia

4

Mortgage, FSB and World Savings Bank, FSB (“Wells Fargo”) and The Bank of New

5

York Mellon, f/k/a the Bank of New York (collectively the “Bank Defendants”) and

6

U.S. Bank (collectively the “Parties”), by and through their respective counsel.

7

RECITALS

8

WHEREAS, the Bank Defendants’ demurrer to plaintiffs’ complaint is set for

9
10
11
12
13
14
15

hearing on September 6, 2018 and is fully briefed [Doc 28];
WHEREAS, U.S. Bank’s demurrer and motion to strike was set for hearing on
October 25, 2018 and is fully briefed [Doc 31 and 32];
WHEREAS, this Court, sua sponte, advanced U.S. Bank’s demurrer and
motion to strike hearing to September 6, 2018 [Doc 35];
WHEREAS, a Case Management Conference is scheduled in this Court on
September 6, 2018 at 2:00 p.m.;

16

WHEREAS, U.S. Bank’s counsel is in San Diego, California. Therefore,

17

making a personal appearance will involve travel costs and expenses that could

18

otherwise be avoided by making a telephonic appearance; and

19

WHEREAS, the Parties agree that the Case Management Conference can and

20

should go forward with U.S. Bank’ attorney appearing telephonically throughout the

21

conference and at the motion to dismiss and strike hearings.

22

STIPULATION

23

NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS, THE

24
25

PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:
1.

U.S. Bank’s counsel is permitted to appear telephonically for the Case

26

Management Conference and Motion to Dismiss and Strike hearings on September 6,

27

2018, subject to Court approval.

28
2
STIPULATION FOR ORDER PERMITTING TELEPHONIC APPEARANCE OF U.S. BANK

1

IT IS SO STIPULATED.

2

DATED: August 13, 2018

KIRBY & McGUINN, A P.C.

3

BY: /s/ Jana Logan
JANA LOGAN
Attorneys for Defendant
U.S. Bank, National Association as Legal
Title Trustee for the Truman 2016 SC6
Title Trust

4
5
6
7

LAW OFFICE OF MARK W. LAPHAM

DATED: August 13, 2018

BY: /s/ Mark W. Lapham
MARK W. LAPHAM
Attorneys for Plaintiffs
Amelia Saldana, as trustee of the Saldana
Revocable Family Trust and Jose G.
Saldana, Jr., trust beneficiary

10
11
12
13
14
15

DATED: August 13, 2018

ANGLIN, FLEWELLING,
RASMUSSEN, CAMPBELL &
TRYTTEN LLP

16
17
18
19
20
21
22

S

RT

J u d ge H

ER

H

28

that the foregoing is true and correct. Executed this 13thliam Jof August 2018.
day r.
. Gil

NO

27

each signatory. I declare under penalty of perjury under the laws of the United States of America
a y wo o d

S

/s/ Jana Logan
Jana Logan

LI

26

DATED: 8/15/2018
I, Jana Logan, attest that concurrence NIthe filing of this document has been obtained from
in D
DE E

A

25

UNIT
ED

24

RT
U
O

23

BY: /s/ Michael Rapkine
Michael Rapkine
Attorneys for Defendants
Wells Fargo Bank, N.A. successor by
merger with Wells Fargo Bank Southwest,
N.A., f/k/a Wachovia Mortgage, FSB and
World Savings Bank, FSB (“Wells Fargo”)
and The
ISTRIC Bank of New York Mellon, f/k/a
ES D
TC
T
the Bank of New York
TA

R NIA

9

FO

8

C
F
D IS T 3 C T O
RI
STIPULATION FOR ORDER PERMITTING TELEPHONIC APPEARANCE OF U.S. BANK
N