Brown et al v. Vericrest Financial, Inc, et al
Filing
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STIPULATION AND ORDER 34 to Continue the Case Management Conference; and to Continue the Motion by Defendant Citimortgage, Inc. to Dismiss Plaintiff's Amended Complaint. Set/Reset Deadlines as to 25 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities In Support Thereof. Case Management Conference set for 11/2/2012 10:30 AM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 11/2/2012 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/23/12. (jg, COURT STAFF) (Filed on 8/23/2012)
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Brian H. Gunn (SBN 192594)
bhgunn@wolfewyman.com
Joshua M. Bryan (SBN 225230)
jmbryan@wolfewyman.com
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: (925) 280-0004
Facsimile: (925) 280-0005
Attorneys for Defendant
CITIMORTGAGE, INC. (erroneously sued as
"CITIMORTGAGE, INC., successor in interest to
PREFERRED FINANICAL GROUP, INC., formerly a
California Corporation, doing business as
WWW.WHOLESALELENDINGONLINE.COM")
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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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SHARON R. BROWN,
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Plaintiff,
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v.
CITIMORTGAGE, INC., a New York corporation,
successor in interest to PREFERRED FINANCIAL
GROUP, INC., fonnerly a California corporation,
doing business as WWW
WHOLESALENDINGONLINE.COM; QUALITY
LOAN SERVICE CORPORATION, a California
corporation; and all persons or entities unknown
claiming any legal or equitable right, title, estate,
lien or interest in the property described in this
complaint adverse to Plaintiffs title thereto, and
DOES 1 through 25, inclusive,
Case No.: 5:12-01152 RMW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE; AND TO
CONTINUE THE MOTION BY
DEFENDANT CITIMORTGAGE, INC. TO
DISMISS PLAINTIFF'S FIRST AMENDED
COMPLAINT;
Current Hearing Date:
Date: August 24,2012
Time: 9:00 a.m. & 10:30 a.m., respectively
Place: Courtroom 6, 4th Floor
Hon. Ronald M. Whyte
Defendants.
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COME NOW Defendants CITIMORTGAGE, INC. (erroneously sued as
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"CITIMORTGAGE, INC., successor in interest to PREFERRED FINANICAL GROUP, INC.,
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fonnerly a California Corporation, doing business as WWW.WHOLESALE
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LENDINGONLINE.COM") ("CM!"), and VERICREST FINANCIAL, INC. ("VFI"), and Plaintiff
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SHARON R. BROWN ("Plaintiff') (collectively, "the Parties"), and hereby stipulate as follows:
STIPULATION TO CONTINUE CMC AND CMI MOTION TO DISMISS FAC
1151199.l
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WHEREAS, the Court scheduled a case management conference for August 24, 2012;
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WHEREAS, the motion of Defendant CMI to dismiss Plaintiffs first amended complaint is
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currently set for August 24,2012;
WHEREAS, counsel for Defendant CMI has recently acquired an unavoidable conflict on the
date of August 24,2012, and can no longer attend hearings in this matter on that date.
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WHEREAS, the Parties request a continuance of the case management conference;
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WHEREAS, the Parties request a continuance ofCMI's motion to dismiss Plaintiffs first
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amended complaint;
WHEREAS, the parties agree that such continuances will facilitate ongoing discussions
pertaining to potential resolution of the action.
NOW, THEREFORE, the Parties stipulate and agree that the Court's case management
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conference shall be continued for approximately sixty (60) days to Friday, November 2,2012, or
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another date thereafter that is convenient for the Court. The Parties further stipulate that all
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deadlines dependent upon the case management conference date shall comport with the continued
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case management conference date.
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FURTHERMORE, the Parties stipulate that the hearing on the motion by CMI to dismiss
Plaintiffs first amended complaint, shall be heard approximately (2) weeks prior to the case
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management conference, on or about October 19,2012, or another such date that is available on the
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Court's calendar prior to November 2,2012.
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IT IS SO STIPULATED.
DATED: August 16,2012
WOLFE & WYMAN LLP
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By: lsi Joshua M. Bryan SBN 225230
BRIAN H. GUNN
JOSHUA M. BRYAN
Attorneys for Defendant
CITIBANK, NATIONAL ASSOCIATION, as
successor by merger to Citibank (South Dakota),
N.A
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STIPULATION TO CONTINUE CMC AND CMf MOTION TO DISMISS FAC
1151199,1
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DAlED: August-, 2012
CONSUMER LITIGATION LAW CENTER APe
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By: _______________________________
SEPTEMBER J. KATJE, ESQ.
Attorneys for Plaintiff
SHARON R. BROWN
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DATED: August Jb-, 2012
TROYGOULDPC
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ANNMARIE MORl, ESQ.
Attorneys for Defendant
VERICREST FINANCIAL, INC.
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ORDER
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The Court, having reviewed the stipulation and [proposed] order to continue the case
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management conference and the motion by CrTIMORTGAGE. INC. to dismiss Plaintiff's ftrSt
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amended complaint, and good cause appearing therefore, makes the following Order:
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The case management conference curtently scheduled for August 24, 2012 at 9:00 a.m., is
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hereby continued to _____________..J. and all deadlines contained in the Court's "Order
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Setting initial Case Management Conference and ADR Deadlines" shall comport with the continued
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Case Management Conference date.
In additio~ the motion by defendant CITIMORTOAOE, INC. to dismiss Plaintiff's first
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amended complaint shall be continued to _______________
IT IS SO ORDERED.
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~red:
______________
HON. RONALD M. WHYTE
U.S. DISTRICT COURT runGE
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STIPULATION TO CONTINUE CMC AND CM. MOTION TO DISMISS FAC .
liS 1199.1
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DATED: August 17,2012
CONSUMER LITIGATION LAW CENTER, APC
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By: lsi September J. Katje (with authorization)
SEPTEMBER J. KATJE, ESQ.
Attorneys for Plaintiff
SHARON R. BROWN
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DATED: August 17,2012
TROYGOULD PC
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By: _________________________________
ANNMARIE MORI, ESQ.
Attorneys for Defendant
VERICREST FINANCIAL, INC.
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ORDER
The Court, having reviewed the stipulation and [proposed] order to continue the case
management conference and the motion by CITIMORTGAGE, INC. to dismiss Plaintiff's first
amended complaint, and good cause appearing therefore, makes the following Order:
The case management conference currently scheduled for August 24, 2012 at 9:00 a.m., is
hereby continued to ________________, and all deadlines contained in the Court's "Order
Setting initial Case Management Conference and ADR Deadlines" shall comport with the continued
Case Management Conference date.
In addition, the motion by defendant CITIMORTGAGE, INC. to dismiss Plaintiff's first
amended complaint shall be continued to _________________
IT IS SO ORDERED.
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Dated: - - - - - - - - - - - - - - HON. RONALD M. WHYTE
U.S. DISTRICT COURT JUDGE
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STIPULA TION TO CONTINUE CMC AND CMf MOTION TO DISMISS FAC
1151199.1
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