Amparan v. Plaza Home Mortgage, Inc.

Filing 54

STIPULATION AND ORDER re 53 for Defendant's Time to File Responsive Pleading to Second Amended Complaint. Motion Hearing set for 11/7/2008 09:00 AM. Signed by Judge Jeremy Fogel on 9/18/08. (dlm, COURT STAFF) (Filed on 9/19/2008)

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John D. Alessio, Esq. (174900) PROCOPIO, CORY, HARGREAVES & SAVITCH LLP 530 B Street, Suite 2100 San Diego, California 92101-4469 Telephone [phone] Facsimile [phone] Attorney for Defendant, PLAZA HOME MORTGAGE, INC. Lee A. Weiss (admitted pro hac vice) Rebecca Tingey (admitted pro hac vice) DREIER LLP 499 Park Avenue New York, NY 10022 Telephone [phone] Facsimile [phone]
ATTORNEYS FOR PLAINTIFF and ALL OTHERS SIMILARLY SITUATED

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
ENEIDA AMPARAN, individually and on behalf of all others similarly situated,

Case No.: C-07-04498-JF CLASS ACTION

Plaintiff, 16 v. 17 18 19 20 21 22 23 24 25 26 27 28 PLAZA HOME MORTGAGE, INC., WASHINGTON MUTUAL MORTGAGE SECURITIES CORP. and DOES 1 through 10 inclusive, Defendants.

STIPULATION AND [PROPOSED] ----------------ORDER FOR DEFENDANT'S TIME TO FILE RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT Dept: Courtroom 4 Judge: Jeremy Fogel Complaint Filed: August 29, 2007 Trial Date: Not yet set.

Stipulation and [Proposed] Order C-07-4498 JF 115723/000001/962779.01

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WHEREAS, Plaintiff ENEIDA AMPARAN (hereinafter "Plaintiff") filed a Second Amended Complaint (SAC); WHEREAS, Defendant PLAZA HOME MORTGAGE, INC. (hereinafter "Defendant") informed Plaintiff of their intent to file a Motion to Dismiss and Motion to Strike the SAC; WHEREAS, Plaintiff recommended November 7, 2008 as the hearing date for this motion; WHEREAS, the court confirmed this date would be convenient for the court and requested Defendant to forward confirmation to the court that Plaintiff and Defendant agree on this hearing date and briefing schedule. Subject to the court's approval, Plaintiff and Defendant, hereby stipulate and agree pursuant to Northern District of California Civil Local Rule 6(a), as follows: THE PARTIES AGREE AND STIPULATE TO: 1. 2. 2008; 3. 4. a.m. DATED: DREIER LLP Defendant's reply to any such opposition shall be filed on or before October 24, 2008; The court shall hear this matter, without a tentative ruling, on November 7, 2008 at 9:00 Defendant's responsive pleading(s) shall be filed on or before October 2, 2008; Plaintiff's opposition to such responsive pleadings shall be filed on or before October 17,

By: /s/ Lee A. Weiss Lee A. Weiss, Esq. Attorneys for Plaintiff, ENEIDA AMPARAN DATED: PROCOPIO, CORY, HARGREAVES & SAVITCH LLP

By: /s/ John D. Alessio John D. Alessio, Esq. Attorneys for Defendant. PLAZA HOME MORTGAGE, INC. 2 Stipulation and [Proposed] Order C-07-4498 JF 115723/000001/962779.01

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED

[PROPOSED] ORDER Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED that: 1. 2. 2008; 3. 4. a.m. Defendant's reply to any such opposition shall be filed on or before October 24, 2008; The court shall hear this matter, without a tentative ruling, on November 7, 2008 at 9:00 Defendant's responsive pleading(s) shall be filed on or before October 2, 2008; Plaintiff's opposition to such responsive pleadings shall be filed on or before October 17,

9/18/08 DATED: _______________________

_____________________________ Hon. Jeremy Fogel United States District Court Judge

3 Stipulation and [Proposed] Order C-07-4498 JF 115723/000001/962779.01