Armstrong et al v. Chevy Chase Bank, FSB et al
Filing
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STIPULATION AND ORDER Granting Extension of Briefing Schedule on Motion to Dismiss re 18 STIPULATION. Set/Reset Deadlines as to 15 MOTION to Dismiss. Response due by 2/6/2012. Reply due by 2/13/2012. The hearing date remains unchanged. Signed by Judge Edward J. Davila on 1/24/2012. (ecg, COURT STAFF) (Filed on 1/24/2012)
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MICHAEL G. CROSS (SBN: 268999)
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Email: mgc@severson.com
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Attorney for Plaintiffs
CINDY IKEOKA
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IT IS S
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S DISTRICT
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Holly S. Burgess (SBN: 104757)
LAW OFFICES OF HOLLY S. BURGESS
680 Auburn Folsom Road, Suite 109
Auburn, CA 95603
Telephone: (530) 889-8900
Facsimile: (530) 820-1526
Direct Dial: (530) 392-4641
Email: hollyburgess@lohsb.com
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1/24/2012
Attorneys for Defendants
CHEVY CHASE BANK, FSB, and
CAPITAL ONE, N.A. as successor by
Merger with CHEVY CHASE BANK, FSB
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THE UNITED STATES DISTRICT COURT
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THE NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
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D. STEWART ARMSTRONG and CINDY
IKEOKA,
) CASE NO. 5:11-cv-05664-EJD
)
) JOINT STIPULATION EXTENDING
) PLAINTIFF’S TIME TO ANSWER
Plaintiff,
) OR OTHERWISE RESPOND TO
vs.
) DEFENDANT’S MOTION TO
) DISMISS; AND [PROPOSED] ORDER
CHEVY CHASE BANK, FSB;
CAPITAL ONE, N.A. as successor by merger with ) THEREON
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CHEVY CHASE BANK, FSB;
MORTGAGE ELECTRONIC REGISTRATION ) Hearing Date: March 23, 2012
) Time:
SYSTEMS, INC.;
9:00 a.m.
) Dept.:
TD SERVICE COMPANY;
Courtroom 1, 5th Floor
) Judge:
US BANK;
Hon. Edward J. Davila
CCB LIBOR SERIES 2005-1 TRUST, and
)
)
DOES 1-20, inclusive,
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Defendants.
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ARMSTRONG/IKEOKA
STIPULATION AND [PROPOSED] ORDER
STIPULATION
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This Stipulation is entered into by counsel for Plaintiffs D. STEWART ARMSTRONG and
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CINDY IKEOKA (“Plaintiffs”) and counsel for Defendants CHEVY CHASE BANK, FSB;
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CAPITAL ONE, N.A. as successor by merger with CHEVY CHASE BANK, FSB; (“Defendants”).
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WHEREAS, on January 9, 2012, Defendants filed a Motion to Dismiss Plaintiff’s Complaint
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in the above-court;
WHEREAS, Plaintiffs were served with the Motion to Dismiss as a result of electronic
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notice-filing on January 9, 2012;
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WHEREAS, pursuant to Local Rule 7-3 of the Northern District of California, Plaintiffs
must respond to the Motion to Dismiss not more than14 days of service, or no later than January 23,
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2012;
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WHEREAS, pursuant to Local Rule 6-1 of the Northern District of California, Defendants
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have granted Plaintiffs an initial extension until and including February 6, 2012, to answer or
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otherwise respond to Defendant’s Motion to Dismiss.
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NOW, THEREFORE, Plaintiffs and Defendants desire and hereby STIPULATE as
follows:
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1. Plaintiffs shall have until, and including, February 6, 2012, to answer or otherwise respond
to Defendant’s Motion to Dismiss in this matter.
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2. Defendants shall have until, and including, February 13, 2012, to reply to any opposition,
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if filed.
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ARMSTRONG/IKEOKA
STIPULATION AND [PROPOSED] ORDER
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IT IS SO STIPULATED.
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Dated: January 20, 2012
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By
/s/ Holly S. Burgess
HOLLY S. BURGESS, Esq.
Attorney for Plaintiffs D. Stewart Armstrong and Cindy
Ikeoka
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THE LAW OFFICES OF HOLLY S. BURGESS
Dated: January 20, 2012
SEVERSON & WERSON
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/s/ Michael C. Gross
By: Michael C. Gross, Esq.
Attorney for Chevy Chase Bank,. FSB and Capital One,
N.A. as successor by merger with Chevy Chase Bank,
FSB
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ARMSTRONG/IKEOKA
STIPULATION AND [PROPOSED] ORDER
[PROPOSED] ORDER
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IT IS HEREBY ORDERED AS FOLLOWS:
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1. 1. Plaintiffs shall have until, and including, February 6, 2012, to answer or otherwise
respond to Defendant’s Motion to Dismiss in this matter.
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2. Defendants shall have until, and including, February 13, 2012, to reply to any opposition,
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if filed.
IT IS SO ORDERED.
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1/24/2012
Dated: _______________________
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JUDGE OF THE FEDERAL COURT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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ARMSTRONG/IKEOKA
STIPULATION AND [PROPOSED] ORDER
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