Katz v. Cal-Western Reconveyance Corporation et al

Filing 28

STIPULATION AND ORDER TO ALLOW ADDITIONAL TIME TO FILE AMENDED PLEADING re 27 . Signed by Judge Jeremy Fogel on 5/17/10. (dlm, COURT STAFF) (Filed on 5/20/2010)

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Stuart B. Wolfe (SBN 156471) [e-mail]
Megan E. Gruber (SBN 246122)

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[e-mail] WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 645 Walnut Creek, California 94596-3502
Telephone: [phone] Facsimile: [phone]

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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

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JONATHAN KATZ,
Plaintiff,
v.

Case No.: 5:09-cv-04866-JF

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JOINT STIPULATED REQUEST SECOND AMENDMENT TO ORDER TO ALLOW ADDITIONAL TIME TO FILE AMENDED -----------------PLEADING; (PROPOSED) ORDER

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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

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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

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honorable Court to amend the prior order herein granting Defendant's Motion to Dismiss with leave to amend dated January 27, 2010 (Document 21), which was later amended to allow an additional
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JOINT STIPULATED REQUEST TO VACATE OR CONTINUE INITIAL CASE MGMT. CONFERENCE
H:lMaltcrs\National City Bank (1264.001)\143 (Katz)\PlcadingslJoint Slip Rasl rc 4$ days.doc

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thirty days to file an amended complaint, to allow 45 days further leave to amend beyond the present
due date for the amended complaint on March 30, 2010. Good cause for the requested continuance exists in that a settlement proposal for agreement
to terms ofloan modification - which was pending at the time of

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the initial amendment extending

time - is still pending between the parties, and if concluded would dispose of the case. Therefore, it

is in the best interests of all parties that additional time be allowed.

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DATED: March 29,2010

WOL:~&;rJMAN

By: lV/~

STUAR . WO FE

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MEGAN E. GRUBER

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Attorneys for Defendants PNC FINANCIAL SERVICES GROUP, INC.; NATIONAL CITY BANK (dba NATIONAL CITY BANK OF INDIANA AND NATIONAL CITY
MORTGAGE COMPANY)

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DATED: March 29, 2010

LAW OFFICE OF WILLIAM B. LOOK, JR.

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By: //ss//
WILLIAM B. LOOK, JR.

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Attorneys for Plaintiff JONATHAN KATZ

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2 JOINT STIPULATED REQUEST TO VACATE OR CONTINUE INITIAL CASE MGMT. CONFERENCE
H:\Mauers\National City Bank (1264.001)\143 (Katz)\PleadingslJoint Siip Rqsi re 45 days.doc

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-(-P-----P---S-----) ORDER - RO - O - ED
The foregoing parties having requested a continuance of the present amended order

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permitting leave to amend per the original Order dated January 27, 2010 (Document 21), and good
cause appearing to allow additional time;

It is hereby ORDERED, that plaintiff shall have an additional 45 days leave to amend.

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IT is SO ORDERED.
5/17/10
HON. JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

Date:

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H:\Maners\Naiional City Bank (I 264.001)\143 (Kaiz)\Plcadings\Joinl Siip Rqsi re 45 days,doc

(PROPOSED) ORDER