Bhargava et al v. Bank of America, N.A. et al

Filing 23

STIPULATION AND ORDER re 22 . The preliminary injunction hearing, currently set for 11/16/2010, is continued to 11/23/2010. Defendants shall file any opposition by 11/2/2010, and Plaintiffs shall file any reply by 11/9/2010. Defendants shall respond to the complaint by 11/2/2010. This is a final continuance. Signed by Magistrate Judge Howard R. Lloyd on 10/27/2010. (hrllc1, COURT STAFF) (Filed on 10/27/2010)

Bhargava et al v. Bank of America, N.A. et al

Doc. 23

1 BRYAN CAVE LLP
Telephone:

** E-filed October 27, 2010 **

Tracy M. Talbot, California Bar No. 259786 415-675-3400 415-675-3434 [e-mail]

2 Two Embarcadero Center, Suite 1410 3 Facsimile:
E-mail:

4

5 Robert E. Boone III, California Bar No. 132780
120 Broadway, Suite 300

BRYAN CAVE LLP

6 Santa Monica, CA 90401-2386
Telephone: [phone]

7 Facsimile: 310-576-2200
Email: [e-mail]

8
Attorneys for Defendants

9 BANK OF AMERICA, N.A. and
BAC HOME LOANS SERVICING, LP
Bryan Cave LLP Two Embarcadero Center, Suite 1410 San Francisco, CA 94111-3907

10 11 12 13 14 RAGHAV BHARGAVA and SANGEETA
BHARGAVA, Case No. 5:10-cv-03423-HRL Hon. Howard R. Lloyd Plaintiffs, vs. JOINT STIPULATED REQUEST FOR ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND EXTENDING PRELIMINARY INJUNCTION HEARING DATE, BRIEFING SCHEDULE, AND TEMPORARY RESTRAINING ORDER; [PROPOSED] ORDER Complaint Filed: Trial Date: July 29, 2010 Not set UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

15 16 17
BANK OF AMERICA, N.A. a National

18 Banking Association; BAC HOME LOANS
SERVICING, LP, a limited partnership; and

19 DOES 1-10 inclusive, 20 21 22 23 24 25 26 27 28
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Defendants.

[N.D. Local Rule 6-2]

JOINT STIPULATION
Dockets.Justia.com

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STIPULATION Defendants Bank of America, N.A. and BAC Home Loans Servicing, LP ("Defendants")

3 and Plaintiffs Raghav Bhargava and Sangeeta Bhargava ("Plaintiffs") (collectively the "Parties"), 4 by and through their counsel of record, hereby stipulate and agree as follows: 5
1. Pursuant to the Parties' previous stipulation, the Court entered its order dated

6 October 20, 2010, extending Defendants' time to respond to the Complaint to October 26, 2010. 7
2. The Parties are continuing to finalize a formal settlement agreement. Therefore, the

8 Parties stipulate and hereby request this Court extend the time for Defendants to respond to the 9 Complaint to November 2, 2010, to allow sufficient time to finalize the settlement without
Bryan Cave LLP Two Embarcadero Center, Suite 1410 San Francisco, CA 94111-3907

10 incurring additional costs and fees associated with formally responding to the Complaint. 11
3. The OSC Re Preliminary Injunction issued and filed on July 22, 2010, in the

12 lawsuit entitled Bhargava, et al. v. Bank of America, N.A., et al., Santa Clara County Superior 13 Court, Case No. 110CV177251 (the "State Court Action"), is scheduled for hearing in this Court 14 on November 16, 2010, at 10:00 a.m. 15
4. The Parties stipulate and hereby request this Court extend the preliminary

16 injunction hearing date and briefing schedule as follows: 17 18 19 20 21 22 23
5. a. The preliminary injunction shall be scheduled for hearing in this Court on November 23, 2010, at 10:00 a.m. b. Defendants shall file and serve their opposition brief to the OSC Re Preliminary Injunction on or before November 2, 2010. c. Plaintiffs shall file and serve their final reply brief with respect to the OSC Re Preliminary Injunction on or before November 9, 2010. The Temporary Restraining Order ("TRO") signed and filed on July 22, 2010, in

24 the State Court Action, and subsequently filed in this Court, shall remain in effect pending the 25 preliminary injunction hearing scheduled in paragraph 4 above. Pursuant to the TRO, Defendants 26 are restrained and enjoined from (a) selling, listing for sale, marketing or otherwise attempting to 27 sell certain real property formerly owned by plaintiffs located at 11860 Francemont Avenue, Los 28 Altos Hills, California (the "Property"); (b) informing any credit reporting agency or service of the
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1
JOINT STIPULATION

1 foreclosure sale of the Property that occurred on June 21, 2010, pursuant to which defendant BAC 2 Home Loans Servicing, LP, acquired title to the Property; and (c) attempting to evict or evicting 3 plaintiffs from the Property. 4
6. As the Parties anticipate finalizing a settlement agreement this week, the Parties do

5 not anticipate requesting any additional extensions of time from the Court. The extensions of time 6 requested herein would not result in prejudice to any party to this action or to this Court. 7 8 9 Dated: October 26, 2010
Bryan Cave LLP Two Embarcadero Center, Suite 1410 San Francisco, CA 94111-3907

IT IS SO STIPULATED.

MILLER STARR REGALIA

10 11
By:

12 13 14 15 16 17 18 19 20 21 22 23 24
Dated: October 26, 2010

Bruce Laidlaw Attorneys for Plaintiffs RAGHAV BHARGAVA and SANGEETA BHARGAVA BRYAN CAVE LLP Robert E. Boone, III, Esq. Tracy M. Talbot, Esq. By: /s/ Tracy M. Talbot Tracy M. Talbot Attorneys for Defendants BANK OF AMERICA, N.A. and BAC HOME LOANS SERVICING, LP

[PROPOSED] ORDER Pursuant to the foregoing Stipulation, and good cause appearing, IT IS SO ORDERED. This is the final continuance. ___________________________________ Hon. Howard R. Lloyd United States District Court Northern District of California

25 _________ct________, 2010 O _ ober 27 26 27 28
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JOINT STIPULATION