Gandrup v. GMAC Mortgage et al

Filing 19

STIPULATION AND ORDER ALLOWING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT re 18 Stipulation. Amended Complaint due by 9/23/2011. Signed by Judge Edward J. Davila on 9/19/2011. (ecg, COURT STAFF) (Filed on 9/19/2011)

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Holly S. Burgess (SBN 104757)
2 LAW OFFICES OF HOLLY S. BURGESS
680 Auburn Folsom Road, Suite 109
3 Auburn, CA 95603
Tel: [phone]
4 Fax: [phone]
[e-mail]
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6 Attorney for Plaintiff
7 GERALD S. GANDRUP
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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) Case No.: 5:11-cv-00659-EJD
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) STIPULATION AND [PROPOSED]
) ORDER ALLOWING PLAINTIFF
) LEAVE TO FILE AMENDED
) COMPLAINT
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GERALD S. GANDRUP

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Plaintiff,
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vs.

14 GMAC MORTGAGE, ETS SERVICES, LLC,
MERS, HSBC and DEUTSCHE BANK,
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Defendants.
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STIPULATION

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Plaintiff Gerald S. Gandrup (“Plaintiff”) and Defendants GMAC Mortgage, LLC and ETS

22 Services, LLC (“Defendants”) by and through their counsel of record, hereby stipulate and agree
23 as follows and respectfully request that the Court approve and give effect to their stipulation:
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WHEREAS, Plaintiff filed his Complaint in pro se on February 14, 2011;

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WHEREAS, Defendants responded by a motion to dismiss filed on May 5, 2011;

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WHEREAS, since filing his Complaint, Plaintiff has retained the Law Office of Holly

27 Burgess to represent him in this action;
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5:11-CV-00659-EJD

STIP. AND [PROPOSED] ORDER TO FILE
FAC IN LIEU OF OPPOSITION TO MTD

WHEREAS, the parties hereto believe that permitting amendment of Plaintiff’s Complaint

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2 will facilitate this action;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the parties

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4 that:

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Plaintiff may file a First Amended Complaint no later than September 23, 2011.

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Dated: September 14, 2011

Respectfully Submitted,
LAW OFFICES OF HOLLY S. BURGESS
Holly S. Burgess
By:

/s/ Holly S. Burgess
Holly S. Burgess
Attorney for Plaintiff
GERALD S. GANDRUP

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Dated: September 14, 2011
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SEVERSON & WERSON
John B. Sullivan
Edward R. Buell III
Ian J. Da Cunha

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By:

/s/ Ian J. Da Cunha
Ian J. Da Cunha
Attorneys for Defendants
GMAC MORTGAGE, LLC; ETS SERVICES,
LLC

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ORDER

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The parties having stipulated thereto and good cause appearing, IT IS HEREBY

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23 ORDERED THAT Plaintiff may file a First Amended Complaint no later than September 23,
24 2011.
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26 DATED: September 19, 2011
Honorable Edward J. Davila
United States District Court Judge

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5:11-CV-00659-EJD

STIP. AND [PROPOSED] ORDER TO FILE
FAC IN LIEU OF OPPOSITION TO MTD