Brown et al v. Vericrest Financial, Inc, et al

Filing 35

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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1 2 3 4 5 6 7 8 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") 9 10 0.3; .....I~ .....I ... « Z .. «~ UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION E;;: 13 SHARON R. BROWN, ~g &lSI) 14 Plaintiff, w., 15 >-~ . u.~ ...1% O~ 16 8 17 ~~ 18 19 20 21 22 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. 23 24 COME NOW Defendants CITIMORTGAGE, INC. (erroneously sued as 25 "CITIMORTGAGE, INC., successor in interest to PREFERRED FINANICAL GROUP, INC., 26 fonnerly a California Corporation, doing business as WWW.WHOLESALE 27 LENDINGONLINE.COM") ("CM!"), and VERICREST FINANCIAL, INC. ("VFI"), and Plaintiff 28 SHARON R. BROWN ("Plaintiff') (collectively, "the Parties"), and hereby stipulate as follows: STIPULATION TO CONTINUE CMC AND CMI MOTION TO DISMISS FAC 1151199.l 1 WHEREAS, the Court scheduled a case management conference for August 24, 2012; 2 WHEREAS, the motion of Defendant CMI to dismiss Plaintiffs first amended complaint is 3 4 5 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. 6 WHEREAS, the Parties request a continuance of the case management conference; 7 WHEREAS, the Parties request a continuance ofCMI's motion to dismiss Plaintiffs first 8 9 10 Il.~ ...J~ ...J ... 11 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 12 conference shall be continued for approximately sixty (60) days to Friday, November 2,2012, or l:~ 13 another date thereafter that is convenient for the Court. The Parties further stipulate that all ~~ 14 deadlines dependent upon the case management conference date shall comport with the continued w.. u.;:; 15 case management conference date. O~ 16 « Z .. «~ >-'" .. Q6u ...JZ ~~ 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 18 management conference, on or about October 19,2012, or another such date that is available on the 19 f) 17 Court's calendar prior to November 2,2012. 20 21 IT IS SO STIPULATED. DATED: August 16,2012 WOLFE & WYMAN LLP 22 23 24 25 26 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 27 28 2 STIPULATION TO CONTINUE CMC AND CMf MOTION TO DISMISS FAC 1151199,1 1 2 DAlED: August-, 2012 CONSUMER LITIGATION LAW CENTER APe 3 By: _______________________________ SEPTEMBER J. KATJE, ESQ. Attorneys for Plaintiff SHARON R. BROWN 4 5 6 7 DATED: August Jb-, 2012 TROYGOULDPC 8 BY:~~ 9 ANNMARIE MORl, ESQ. Attorneys for Defendant VERICREST FINANCIAL, INC. 10 Il.~ 11 C II <~ :£~ 13 ORDER 14 The Court, having reviewed the stipulation and [proposed] order to continue the case ..J~ ..JI­ Zoo > .. ~~ ~~ w.. 15 management conference and the motion by CrTIMORTGAGE. INC. to dismiss Plaintiff's ftrSt O~ 16 amended complaint, and good cause appearing therefore, makes the following Order: • 17 IL~ ...I Z ~S The case management conference curtently scheduled for August 24, 2012 at 9:00 a.m., is 18 hereby continued to _____________..J. and all deadlines contained in the Court's "Order 19 Setting initial Case Management Conference and ADR Deadlines" shall comport with the continued 20 Case Management Conference date. In additio~ the motion by defendant CITIMORTOAOE, INC. to dismiss Plaintiff's first 21 22 amended complaint shall be continued to _______________ IT IS SO ORDERED. 23 24 25 ~red: ______________ HON. RONALD M. WHYTE U.S. DISTRICT COURT runGE 26 27 28 3 STIPULATION TO CONTINUE CMC AND CM. MOTION TO DISMISS FAC . liS 1199.1 • 0.0 1 DATED: August 17,2012 CONSUMER LITIGATION LAW CENTER, APC 2 By: lsi September J. Katje (with authorization) SEPTEMBER J. KATJE, ESQ. Attorneys for Plaintiff SHARON R. BROWN 3 4 5 6 DATED: August 17,2012 TROYGOULD PC 7 By: _________________________________ ANNMARIE MORI, ESQ. Attorneys for Defendant VERICREST FINANCIAL, INC. 8 9 10 03 11 z .. 12 ...J~ ...Jo­ « «~ ~;;: >-~ 13 ~~ u 14 Won 15 O~ 16 CiS . u.~ ..JZ ~~ 17 18 19 20 21 22 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. 23 24 25 Dated: - - - - - - - - - - - - - - HON. RONALD M. WHYTE U.S. DISTRICT COURT JUDGE 26 27 28 3 STIPULA TION TO CONTINUE CMC AND CMf MOTION TO DISMISS FAC 1151199.1

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