Busch et al v. CitiMortgage, Inc. et al

Filing 53

STIPULATION AND ORDER GRANTING STIPULATION FOR FILING FIRST AMENDED COMPLAINT re 52 Stipulation. Motions terminated: 31 First MOTION to Dismiss filed by CitiMortgage, Inc., 28 MOTION to Dismiss filed by American Home Mortgage Servicing, Inc. Any Motions to Dismiss the First Amended Complaintmay be noticed for a hearing on November 4, 2011, at 9:00 a.m ***Hearings on 28 , 31 terminated. Signed by Judge Edward J. Davila on 8/29/2011. (ecg, COURT STAFF) (Filed on 8/29/2011)

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6 THE LAW OFFICE OF SIMMONS & PURDY
PAMELA D. SIMMONS, SBN 160523
[e-mail]
7
2425 PORTER STREET, SUITE 10
8 SOQUEL, CALIFORNIA, 95073-2454
Tel: [phone]
9 Fax: [phone]

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1 NATHAN BENJAMIN, SB No. 197859
[e-mail]
2 CALEB SEQUOIA BASKIN, SB No. 226132
[e-mail]
3 BASKIN & GRANT, LLP
331 SOQUEL AVENUE, SUITE 100
4 SANTA CRUZ, CALIFORNIA 95062
Tel: [phone]
5 Fax: [phone]

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10 Attorneys for Larry Busch and Karen Busch,
Plaintiffs
11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

14

15 LARRY BUSCH, KAREN BUSCH,
Plaintiffs,

16
17

vs.

18 CITIMORTGAGE, INC., AMERICAN
HOME MORTGAGE SERVICING, INC.,
19 LITTON LOAN SERVICING, L.P., MTGLQ
INVESTORS, L.P., WL R/IVZ RESI NPL
20 LLC, INVESTCO, RESI WHOLE LOAN IV
LLC, DOES 1 through 150, all persons
21 unknown claiming any legal or equitable right,
title, estate lien, or interest in the real property
22 described in the Complaint adverse to
Plaintiff's title or any cloud on Plaintiff's title
23 thereto,

CASE NO. 5:11-CV-03192-EJD
STIPULATION AND [proposed] ORDER
FOR FILING OF FIRST AMENDED
COMPLAINT
Judge: HON. EDWARD J. DAVILA
Crtrm.: 1, 5TH FLOOR
Trial Date:

None Set

Defendants.

24
25
26

WHEREAS, this case was originally filed on June 17, 2011 in the Superior Court of the

27 State of California, County of Santa Cruz, and was removed by certain defendants to this Court on
28 June 28, 2011;
Baskin & Grant
331 Soquel Ave,Ste 100
Santa Cruz, CA 95062
[phone]

5:11-CV-03192-EJD
STIPULATION AND ORDER FOR FILING OF AMENDED COMPLAINT

1

WHEREAS, Plaintiffs Larry Busch and Karen Busch (“Plaintiffs”) filed a Motion to

2 Remand on July 6, 2011;
3

WHEREAS,on July 12, 2011 Defendant AMERICAN HOME MORTGAGE

4 SERVICING, INC. filed its Motion to Dismiss Plaintiff’s Complaint, and on July 15, 2011
5 Defendant CITIMORTGAGE, INC. also filed its Motion to Dismiss. Both Motions were set for
6 hearing on November 4, 2011;
7

WHEREAS, on July 27, 2011, pursuant to the stipulation of the parties, the Court Ordered

8 a modified briefing schedule on the Motions to Dismiss, allowing the Opposition and Reply
9 briefing to take place after the Court heard the Motion to Remand;
10

WHEREAS, on August 17, 2011, the Court denied Plaintiff’s Motion to Remand;

11

WHEREAS, Plaintiffs’ Oppositions to Defendants’ Motions to Dismiss are presently due

12 to be filed on or before September 2, 2011.
13

WHEREAS, Plaintiffs have evaluated the Motions to Dismiss and issues raised therein and

14 determined it to be in the interest of efficiency and economy to amend their Complaint in an effort

15 to address and resolve various of the issues raised in the Motions to Dismiss;
16

WHEREAS, Plaintiffs have sought an agreement from counsel for Defendant AMERICAN

17 HOME MORTGAGE SERVICING, INC. and Defendant CITIMORTGAGE, INC. to stipulate for
18 leave to file a First Amended Complaint. The Parties hereto recognize that the narrowing of issues
19 with respect to the Motions to Dismiss would be mutually beneficial;
20

WHEREAS Defendant AMERICAN HOME MORTGAGE SERVICING, INC. and

21 Defendant CITIMORTGAGE, INC., anticipate that notwithstanding the amendment of the
22 Complaint they will file Motions to Dismiss as to the First Amended Complaint and would prefer
23 to maintain the present November 4, 2011 hearing date for that purpose;
24

IT IS HEREBY STIPULATED by and between the parties hereto, through their

25 respective attorneys of record, that Plaintiffs may file their First Amended Complaint on or before
26 September 16, 2011.
27

IT IS FURTHER STIPULATED that there are presently scheduled Motions to Dismiss

28 as to the initial Complaint, filed by CITIMORTGAGE, INC., and AMERICAN HOME
Baskin & Grant
331 Soquel Ave,Ste 100
Santa Cruz, CA 95062
[phone]

5:11-CV-03192-EJD
2
STIPULATION AND ORDER FOR FILING OF AMENDED COMPLAINT

1 MORTGAGE SERVICING, INC., set for November 4, 2011. CITIMORTGAGE, INC., and
2 AMERICAN HOME MORTGAGE SERVICING, INC. anticipate that they will respectively
3 pursue Motions to Dismiss the First Amended Complaint, and hereby request that the Court hold
4 the November 4, 2011 date available for the anticipated Motions to Dismiss with respect to the
5 First Amended Complaint.
6 DATED: August 26, 2011

BASKIN & GRANT, LLP

7

8

10

By: /s/
NATHAN C. BENJAMIN
Attorneys for LARRY BUSCH and KAREN
BUSCH, Plaintiffs

11 DATED: August 26, 2011

LOCKE LORD BISSELL & LIDDELL LLP

9

12
13

By: /s/
CONRAD V. SISON
Attorneys for AMERICAN HOME MORTGAGE
SERVICING, INC. Defendant

14

15
16 DATED: August 26, 2011
17

BLEDSOE, CATHCART, DIESTEL, PEDERSEN &
TREPPA LLP

18
19
20

By: /s/
PETER J. VAN ZANDT
Attorneys for CITIMORTGAGE, INC., Defendant

21

IT IS SO ORDERED
IT IS SO ORDERED. with the following modification:
22 In light of the Stipulation, the currently pending Motions to Dismiss [Docket Item Nos.
DATED:31] are TERMINATED. Any Motions to Dismiss the First Amended Complaint
28 and August ___, 2011
23 may be noticed for a hearing on November 4, 2011, at 9:00 a.m.
24
25

Honorable EDWARD J. DAVILA

26
27
28
Baskin & Grant
331 Soquel Ave,Ste 100
Santa Cruz, CA 95062
[phone]

5:11-CV-03192-EJD
3
STIPULATION AND ORDER FOR FILING OF AMENDED COMPLAINT