Katz v. Cal-Western Reconveyance Corporation et al

Filing 26

STIPULATION AND ORDER TO ALLOW ADDITIONAL TIME TO FILE AMENDED PLEADING re 25 . Signed by Judge Jeremy Fogel on 3/8/10. (dlm, COURT STAFF) (Filed on 3/16/2010)

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

Stuart B. Wolfe (SBN 156471) [e-mail] Megan E. Gruber (SBN 246122) [e-mail] WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 415 Walnut Creek, California 94596-3579 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PNC FINANCIAL SERVICES GROUP, INC.; NATIONAL CITY BANK (dba NATIONAL CITY BANK OF INDIANA AND NATIONAL CITY MORTGAGE COMPANY) (erroneously sued as ACCUBANE MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, aka NATIONAL CITY BANK, NATIONAL CITY MORTGAGE) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JONATHAN KATZ, Plaintiff,

Case No.: 5:09-cv-04866-JF JOINT STIPULATED REQUEST TO AMEND ORDER TO ALLOW ADDITIONAL TIME TO FILE AMENDED PLEADING; ------------------ ORDER [PROPOSED]

CAL-WESTERN RECONVEYANCE CORPORATION, ACCUBANE MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA, aka NATIONAL CITY BANK, NATIONAL CITY MORTGAGE, PNC FINANCIAL SERVICES GROUP, INC., and ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD UPON PLAINTIFFS' TITLE THERETO, DOES 1 ­ 100, Defendants.

The undersigned counsel, who represent all parties who have appeared, jointly request this honorable Court to amend the prior Order herein granting Defendant's Motion to Dismiss with 30 days leave to amend dated January 27, 2010 (Document 21), to allow an additional 30 days leave to 1
JOINT STIPULATED REQUEST FOR EXTENSION TO FILE AN AMENDED PLEADING
H:\Matters\National City Bank (1264.001)\143 (Katz)\Pleadings\Katz Joint Stip Rqst re 30 days.doc

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

amend. Good cause for the requested continuance exists in that a settlement proposal for agreement to terms of loan modification is pending between the parties that if concluded would dispose of the case, and it is in the best interests of all parties that additional time be allowed DATED: February 26, 2010 WOLFE & WYMAN LLP

By: /s/ Megan E. Gruber STUART B. WOLFE MEGAN E. GRUBER Attorneys for Defendants PNC FINANCIAL SERVICES GROUP, INC.; NATIONAL CITY BANK (dba NATIONAL CITY BANK OF INDIANA AND NATIONAL CITY MORTGAGE COMPANY) DATED: February _25_, 2010 LAW OFFICE OF WILLIAM B. LOOK, JR.

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By:

//ss// WILLIAM B. LOOK, JR. Attorneys for Plaintiff JONATHAN KATZ

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JOINT STIPULATED REQUEST FOR EXTENSION TO FILE AN AMENDED PLEADING
H:\Matters\National City Bank (1264.001)\143 (Katz)\Pleadings\Katz Joint Stip Rqst re 30 days.doc

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

------------------ ORDER [PROPOSED] The foregoing parties having requested a continuance of the 30 days leave to amend in the Court's prior Order dated January 27, 2010 (Document 21), and good cause appearing therefor; It is hereby ORDERED, that plaintiff shall have an additional 30 days leave to amend. IT IS SO ORDERED. 3/8/10 Date: _________________

________________________________ HON. JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

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[PROPOSED] ORDER
H:\Matters\National City Bank (1264.001)\143 (Katz)\Pleadings\Katz Joint Stip Rqst re 30 days.doc