Busch et al v. CitiMortgage, Inc. et al

Filing 71

STIPULATION AND ORDER GRANTING ADVANCEMENT OF HEARING AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS re 68 Stipulation. Set/Reset Deadlines as to 68 Stipulation, 66 MOTION to Dismiss of Defendants Litton Loan Servicing LP and MTGLQ Investor s L.P. in Response to the First Amended Complaint of Plaintiffs Larry Busch and Karen Busch: Responses due by 11/16/2011. Replies due by 11/23/2011. Motion Hearing set for 12/2/2011 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 10/17/2011. (ecg, COURT STAFF) (Filed on 10/17/2011)

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]
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]
10 Attorneys for Larry Busch and Karen Busch,
Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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15 LARRY BUSCH, KAREN BUSCH,
Plaintiffs,

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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 RE SCHEDULING OF
BRIEFING AND HEARING OF MOTION
TO DISMISS OF LITTON LOAN
SERVICING, L.P., MTGLQ INVESTORS,
L.P. AND [PROPOSED] ORDER
Hearing Date: February 10, 2012
Time: 9:00 a.m.
Judge: HON. EDWARD J. DAVILA
Crtrm.: 1, 5th FLOOR
Trial Date:

None Set

Defendants.

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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
STIP. AND ORDER FOR SCHEDULING OF BRIEFING RE LITTON, MTGLQ'S MOTION TO DISMISS

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WHEREAS, Defendant AMERICAN HOME MORTGAGE SERVICING, INC. filed its

2 Motion to Dismiss Plaintiffs' Complaint, and on July 15, 2011 Defendant CITIMORTGAGE,
3 INC. also filed its Motion to Dismiss. Both Motions were set for hearing on November 4, 2011;
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WHEREAS, on August 26, 2011, Plaintiffs and Defendant AMERICAN HOME

5 MORTGAGE SERVICING, INC. and Defendant CITIMORTGAGE stipulated for, and the Court
6 Ordered on August 29, 2011, leave for Plaintiff to file a First Amended Complaint. By that
7 Stipulation the hearing date of November 4, 2011 was preserved. The First Amended Complaint
8 was filed on 09/16/2011;
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WHEREAS, Plaintiffs and Defendants LITTON LOAN SERVICING and L.P., MTGLQ

10 INVESTORS, L.P., have entered into Stipulations to allow additional time to respond to the First
11 Amended Complaint, including that Stipulation Ordered on 10/6/2011;
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WHEREAS Defendants AMERICAN HOME MORTGAGE SERVICING, INC. and

13 CITIMORTGAGE have filed their Motions to Dismiss the First Amended Complaint. The
14 opposition to the motion of AMERICAN HOME MORTGAGE SERVICING, INC. is due to be
15 filed on 10/16/2011 and the opposition to the motion of CITIMORTGAGE is due to be filed on
16 10/21/2011, and those motions are set to be heard on November 4, 2011;
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WHEREAS the Case Management Conference is also set for November 4, 2011;

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WHEREAS Defendants LITTON LOAN SERVICING and L.P., MTGLQ INVESTORS,

19 L.P. filed their Motion to Dismiss the First Amended Complaint on 10/12/2011 with a motion
20 hearing date of 2/10/2012, with opposition due on 10/26/2011;
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WHEREAS Plaintiffs and Defendants LITTON LOAN SERVICING and L.P., MTGLQ

22 INVESTORS recognize that the briefing schedule, in light of the other, above-mentioned, motions
23 and briefing schedules, are somewhat burdensome for Plaintiffs, and that the hearing on
24 November 4, 2011 may result in an additional amendment to the Complaint, which amendment
25 would potentially render moot the motion to dismiss set for 2/10/2012;
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WHEREAS Plaintiffs and Defendants LITTON LOAN SERVICING and L.P., MTGLQ

27 INVESTORS recognize that judicial economy and fairness are best assured by a modified briefing
28 and hearing schedule such that the motions to dismiss of AMERICAN HOME MORTGAGE
Baskin & Grant
331 Soquel Ave,Ste 100
Santa Cruz, CA 95062
[phone]

5:11-CV-03192-EJD
2
STIP. AND ORDER FOR SCHEDULING OF BRIEFING RE LITTON, MTGLQ'S MOTION TO DISMISS

1 SERVICING, INC. and CITIMORTGAGE and the Case Management Conference can take place
2 on November 4, 2011, and then if necessary, based on the outcome of those motions, the LITTON
3 LOAN SERVICING and L.P., MTGLQ INVESTORS motion can either be taken off calendar or
4 briefed thereafter;
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WHEREAS Plaintiffs and Defendants LITTON LOAN SERVICING and L.P., MTGLQ

6 INVESTORS have been advised that a hearing date of December 2, 2011, or soon thereafter, may
7 be available for the LITTON LOAN SERVICING and L.P., MTGLQ INVESTORS Motion to
8 Dismiss provided the parties hereto so stipulate.
9

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

10 respective attorneys of record, that Plaintiffs may file any opposition to the LITTON LOAN
11 SERVICING and L.P., MTGLQ INVESTORS Motion to Dismiss on or before November 16,
12 2011, with reply to be filed on or before November 23, 2011;
13

IT IS FURTHER STIPULATED that the LITTON LOAN SERVICING and L.P.,

14 MTGLQ INVESTORS Motion to Dismiss shall be heard on December 2, 2011, or as soon
15 thereafter as is available;
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IT IS FURTHER STIPULATED that if the hearing on November 4 on the Motions to

17 Dismiss of AMERICAN HOME MORTGAGE SERVICING, INC. and CITIMORTGAGE
18 results in an Order allowing further amendment of the Complaint, the LITTON LOAN
19 SERVICING and L.P., MTGLQ INVESTORS Motion to Dismiss shall be taken off calendar and
20 these defendants shall be required to respond only to the second amended complaint.
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22 DATED: October 13, 2011

BASKIN & GRANT, LLP

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By:

/S/
NATHAN C. BENJAMIN
Attorneys for Larry Busch and Karen Busch,
Plaintiffs

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

5:11-CV-03192-EJD
3
STIP. AND ORDER FOR SCHEDULING OF BRIEFING RE LITTON, MTGLQ'S MOTION TO DISMISS

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2 DATED: October 13, 2011

SEVERSON & WERSON

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By:

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5

/S/
THOMAS N. ABBOTT
Attorneys for LITTON LOAN SERVICING, LP
and MTGLQ INVESTORS, LP

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8 IT IS SO ORDERED.
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9 DATED: October ___, 2011
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13

Honorable EDWARD J. DAVILA
United States District Judge
**END OF ORDER**

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

5:11-CV-03192-EJD
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STIP. AND ORDER FOR SCHEDULING OF BRIEFING RE LITTON, MTGLQ'S MOTION TO DISMISS

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2

SERVICE LIST

3 LOCKE LORD BISSELL & LIDDELL LLP
Conrad V. Sison (SBN: 217197)
4 [e-mail]
Daniel A. Solitro (SBN: 243908)
5 [e-mail]
Sally W. Mimms (SBN: 276093)
6 [e-mail]
300 South Grand Avenue, Suite 2600
7 Los Angeles, California 90071
Telephone: [phone]
8 Facsimile: 213-485-1200
Attorney for Defendant AMERICAN HOME
9 MORTGAGE SERVICING, INC.

Peter J. Van Zandt, Esq.
Claudia L. Williams, Esq.
BLEDSOE, CATHCART, DIESTEL,
PEDERSEN & TREPPA LLP
601 California Street, 16th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.981.0352
Attorneys for Defendant, CITIMORTGAGE,
INC.

10 Mary Kate Sullivan, Esq.
Thomas N. Abbott, Esq.
11 SEVERSON & WERSON
A Professional Corporation
12 One Embarcadero Center, Suite 2600
San Francisco, California 94111
13 Telephone: [phone]
Facsimile: 415.956.0439
14 Attorneys for Defendants, LITTON LOAN
SERVICING LP and MTGLQ INVESTORS, LP
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Baskin & Grant
331 Soquel Ave,Ste 100
Santa Cruz, CA 95062
[phone]

5:11-CV-03192-EJD
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STIP. AND ORDER FOR SCHEDULING OF BRIEFING RE LITTON, MTGLQ'S MOTION TO DISMISS