Armstrong et al v. Chevy Chase Bank, FSB et al

Filing 19

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: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiffs
CINDY IKEOKA

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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: [phone]
Facsimile: [phone]
Direct Dial: [phone]
Email: [e-mail]

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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
)
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
)
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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