Santangelo v. Metrocities Mortgage, LLC et al

Filing 37

STIPULATION AND ORDER AS MODIFIED to Extend Time to File Amended Complaint and Continue Case Management Conference re 32 Stipulation, 34 Stipulation. Amended Pleadings due by 12/18/2009. Joint Case Management Conference statement or Stipulated Dismissal due by 1/22/2010. The 12/14/2009 Case Management Conference is continued to 2/1/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/8/2009. (ecg, COURT STAFF) (Filed on 12/8/2009)

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Locke Lord Bissell & Liddell LLP

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LOCKE LORD BISSELL & LIDDELL LLP Thomas J. Cunningham (SBN 263729) [e-mail] Kristen H. Cerf (SBN 244594) [e-mail] 400 Capitol Mall, Suite 1460 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone]

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400 Capitol Mall, Suite 1460 Sacramento, CA 95814

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MICHAEL ROONEY LAW OFFICE Michael Patrick Rooney (SBN 248491) 580 California St., Fl. 16 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorney For Plaintiff SALVATORE SANTANGELO

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION SALVATORE SANTANGELO, Plaintiff, vs. METROCITIES MORTGAGE, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 09-03821 JW Hon. James Ware STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT

AND ORDER CONTINUING CASE Complaint Filed: July 27, 2009 MANAGEMENT CONFERENCE
[Proposed] Order Lodged Concurrently Herewith

1 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT Santangelo v. Metrocities Mortgage, 1 LLC, et al., Case No. C 09-03821 JW

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Attorneys For Defendants GMAC MORTGAGE, LLC (INCORRECTLY SUED AS "GMAC re Mortgage Corporation") and EXECUTIVE TRUSTEE mes Wa Judge Ja SERVICES, LLC (incorrectly sued as "ETS Services, LLC")

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Locke Lord Bissell & Liddell LLP

WHEREAS, on November 13, 2009, this Court entered an order (the "Order") granting in part and denying in part the motions to dismiss Plaintiff Salvatore Santangelo's complaint filed by Defendants GMAC Mortgage, LLC (incorrectly sued as "GMAC Mortgage Corporation") ("GMACM") and Executive Trustee Services, LLC (incorrectly sued as "ETS Services, LLC") ("ETS") and by Defendant Metrocities Mortgage, LLC dba No Red Tape Mortgage ("Metrocities"); WHEREAS, the Order provided that Plaintiff has until December 4, 2009 to file an amended complaint; WHEREAS, Plaintiff and Defendants GMACM and ETS have reached a settlement in principle that, once finalized, will result in the dismissal of Plaintiff's complaint with prejudice as against GMACM and ETS; WHEREAS, Plaintiff further has agreed to dismiss his complaint with prejudice as against Metrocities when the GMACM and ETS settlement is finalized; WHEREAS, Plaintiff, GMACM and ETS require additional time to finalize and to execute the settlement documentation; WHEREAS, the parties to this Stipulation agree to extend by 14 calendar days, to December 18, 2009, the deadline for Plaintiff to file an amended complaint to allow the settlements described above to be finalized and the dismissals to be filed; IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, GMACM, ETS, and Metrocities, through their respective counsel, that Plaintiff shall have up to and including December 18, 2009 to file an amended complaint in this matter. Dated: December 3, 2009 LOCKE LORD BISSELL & LIDDELL LLP By: /s/ Kristen H. Cerf Thomas J. Cunningham (SBN 263729) Kristen H. Cerf (SBN 244594)

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400 Capitol Mall, Suite 1460 Sacramento, CA 95814

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One of the Attorneys for Defendants GMAC MORTGAGE, LLC (incorrectly sued as "GMAC Mortgage Corporation") and EXECUTIVE TRUSTEE SERVICES, LLC (incorrectly sued as "ETS Services, LLC")
2 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT Santangelo v. Metrocities Mortgage, LLC, et al., Case No. C 09-03821 JW

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Locke Lord Bissell & Liddell LLP

Dated: December 3, 2009

MICHAEL ROONEY LAW OFFICE By: /s/ Michael Patrick Rooney Michael Patrick Rooney (SBN 248491)

Attorney for Plaintiff SALVATORE SANTANGELO Dated: December 3, 2009 SMITH DOLLAR PC By: /s/ Jon A.C. Vonder Haar Jon A.C. Vonder Haar (SBN 192665)

One of the Attorneys for Defendant Metrocities Mortgage, LLC dba No Red Tape Mortgage

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400 Capitol Mall, Suite 1460 Sacramento, CA 95814

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1643654v.1

*** ORDER *** In light of this Order and the parties' Stipulation to Reschedule Case Management Conference (Docket Item No. 34) to give the parties time to finalize their Settlement Agreement, the Court finds good cause to continue the Case Management Conference currently set for December 14, 2009 to February 1, 2010 at 10 a.m. On or before January 22, 2010, the parties shall either file a Stipulated Dismissal or a Joint Conference Statement. If a Stipulated Dismissal is on file, the Conference will be vacated.

Dated: December 8, 2009

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___________________________ JAMES WARE United States District Judge

3 STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT Santangelo v. Metrocities Mortgage, LLC, et al., Case No. C 09-03821 JW