Amparan v. Plaza Home Mortgage, Inc.

Filing 64

ORDER APPROVING re 61 Stipulation to Extend Time to Respond to Second Amended Complaint. Signed by Judge Jeremy Fogel on 10/15/08. (dlm, COURT STAFF) (Filed on 10/23/2008)

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STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) LISA M. SIMONETTI (State Bar No. 165996) DEBORAH E. BARACK (State Bar No. 207493) 2029 Century Park East Los Angeles, CA 90067-3086 Telephone: [phone] Facsimile: 310-556-5959 Email: [e-mail], [e-mail] Attorneys for Defendant WASHINGTON MUTUAL MORTGAGE SECURITIES CORP. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) Plaintiff, ) ) vs. ) ) PLAZA HOME MORTGAGE, INC., ) WASHINGTON MUTUAL MORTGAGE ) SECURITIES CORP. and DOES 1 through 10 ) ) inclusive, ) ) Defendants. ENEIDA AMPARAN, individually, and on behalf of all others similarly situated, Case No. C-07-04498-JF-RS ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT

LA 51091012

STIPULATION TO EXTEND TIME Case No. C-07-04498-JF-RS

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STROOCK & STROOCK & LAVAN LLP

WHEREAS, on July 24, 2008, plaintiff Eneida Amparan ("Plaintiff") filed a Second Amended Complaint ("SAC") adding Washington Mutual Mortgage Securities Corp. ("WMMSC") as a defendant; WHEREAS, WMMSC must answer or otherwise respond to the SAC by October 20, 2008; WHEREAS, on September 26, 2008, Washington Mutual, Inc. ("WMI") filed for bankruptcy protection; WHEREAS, on September 25, 2008: (A) the Office of Thrift Supervision, the federal agency possessing the authority to regulate Washington Mutual Bank ("WMB"), appointed the Federal Deposit Insurance Corporation ("FDIC") as receiver for WMB for the purpose of liquidation, pursuant to section 5(d)(2) of the Home Owners' Loan Act and section 11(c)(6)(B) of the Federal Deposit Insurance Act, 12 U.S.C. section 1821(c)(6)(B); and (B) the FDIC closed WMB; WHEREAS, WMMSC represents that, upon the FDIC's closure of WMB, JPMorgan Chase & Co. ("Chase") acquired certain banking assets and liabilities of WMB; WHEREAS, WMMSC represents that it is unclear as of today whether Plaintiff's claim against WMMSC is impacted by: (A) the WMI bankruptcy proceeding; and/or (B) by the FDIC's closure of WMB and/or Chase's acquisition of certain banking assets and liabilities of WMB; WHEREAS, WMMSC expects that this will be clarified over the next few days or weeks; WHEREAS, the parties have agreed to extend the date by which WMMSC must answer or otherwise respond to the SAC by a period of thirty (30) days, from October 20, 2008 to November 19, 2008; WHEREAS, WMMSC represents that the purpose of the extension is to allow time to determine on what basis and on behalf of which defendant entity this action may proceed; WHEREAS, pursuant to Local Rule 6-1(a), the parties may agree to an extension of time within which to answer otherwise respond to the SAC, provided the change will not alter the date of any event or any deadline already fixed by Court order; and WHEREAS, this extension will not alter the date of any event or any deadline already fixed by Court order.
LA 51091012

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2029 Century Park East Los Angeles, California 90067-3086

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STIPULATION TO EXTEND TIME Case No. C-07-04498-JF-RS

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STROOCK & STROOCK & LAVAN LLP

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that WMMSC's time to answer or otherwise respond to the SAC hereby is extended for a period of thirty (30) days, to and including November 19, 2008. Dated: October 14, 2008 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND LISA M. SIMONETTI DEBORAH E. BARACK By: /s/ Deborah E. Barack Deborah E. Barack

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2029 Century Park East Los Angeles, California 90067-3086

Attorneys for Defendant WASHINGTON MUTUAL MORTGAGE SECURITIES CORP. Dated: October 14, 2008 DREIER LLP LEE A. WEISS ARBOGAST & BERNS LLP DAVID M. ARBOGAST JEFFREY K. BERNS By: /s/ Lee A. Weiss Lee A Weiss

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LA 51091012

Attorneys for Plaintiff ENEIDA AMPARAN

IT IS SO ORDERED.

Dated: 10/15/08

______________________________ Jeremy Fogel, U.S. District Judge

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STIPULATION TO EXTEND TIME Case No. C-07-04498-JF-RS