Kwong et al v. Wells Fargo Bank, N.A.

Filing 16

Order by Hon. Lucy H. Koh granting 15 Stipulation Extending Defendants' Time to File Responsive Pleading.(lhklc3, COURT STAFF) (Filed on 7/9/2012)

Case5:12-cv-01362-LHK Document15 Filed06/26/12 Page1 of 4

BRYAN CAVE LLP
1 C. Scott Greene, California Bar No. 277445
Andrea M. Hicks, California Bar No. 219836
2 Michael J. Peng, California Bar No. 260852
333 Market Street, 25th Floor
3 San Francisco, CA 94105
Telephone:
[phone]
4 Facsimile:
[phone]
E-mail:
[e-mail]
5
[e-mail]
[e-mail]
6
Attorneys for Defendant
7 WELLS FARGO BANK, N.A., AS TRUSTEE FOR CERTIFICATE HOLDERS OF BANC OF
AMERICA FUNDING CORPORATION MORTGAGE PASS THROUGH CERTIFICATES,
8 SERIES 2007-E
9

Bryan Cave LLP
333 Market Street, 25th floor
San Francisco, CA 94105

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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SIMON Y. KWONG and SUZANNE Y.
14 KWONG,

Case No. 12-CV-01362-LHK

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Plaintiffs,

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vs.

JOINT STIPULATION EXTENDING
DEFENDANTS’ TIME TO FILE A
RESPONSIVE PLEADING TO
PLAINTIFFS’ COMPLAINT PURSUANT
TO L.R. 6-1(a); [PROPOSED] ORDER

17 WELLS FARGO BANK, N.A., AS TRUSTEE
FOR CERTIFICATE HOLDERS OF BANC OF Trial Date:
Not Yet Assigned
18 AMERICA FUNDING CORPORATION
Judge:
Hon. Lucy H. Koh
MORTGAGE PASS THROUGH
19 CERTIFICATES, SERIES 2007-E,
Complaint Filed: March 19, 2012
FAC Filed: June 12, 2012
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Defendant.
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SF01DOCS\57697.1

JOINT STIPULATION

Case5:12-cv-01362-LHK Document15 Filed06/26/12 Page2 of 4

JOINT STIPULATION

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Defendant WELLS FARGO BANK, N.A., AS TRUSTEE FOR CERTIFICATE

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3 HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS
4 THROUGH CERTIFICATES, SERIES 2007-E (“Defendant” and Plaintiffs SIMONY Y.
5 KWONG AND SUZANNE Y. KWONG (“Plaintiffs”), by and through their respective counsels
6 of record, hereby stipulate and agree as follows:
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1. Plaintiffs filed their First Amended Complaint in this action on June 12, 2012;

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2. Defendants’ deadline to file a responsive pleading to Plaintiffs’ Complaint has not

9 been set by Order of this Court;
3. In order to explore settlement negotiations, reduce cost of litigation for both parties,

Bryan Cave LLP
333 Market Street, 25th floor
San Francisco, CA 94105

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11 and unburden the Court’s docket, the Parties agree, by and through their undersigned counsel, on
12 June 26, 2012, that Defendant’s deadline to file a responsive pleading to Plaintiffs’ First Amended
13 Complaint shall be extended to August 10, 2012;
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4. This is the first such extension of time sought in this action;

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5. The stipulated extension to file a responsive pleading will not result in prejudice to

16 any party and its impact on judicial proceedings is not expected to be significant.
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SF01DOCS\57697.1

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JOINT STIPULATION EXTENDING TIME – CASE NO. 4:11-cv-05636-SBA

Case5:12-cv-01362-LHK Document15 Filed06/26/12 Page3 of 4

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Nothing in this stipulation shall constitute a waiver of any arguments or defenses that

2 Defendant or Plaintiffs may wish to assert in their pleadings, all of which are expressly reserved.
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IT IS SO STIPULATED.

4 Dated: June 26, 2012
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By:

/s/ Michael Yesk
Michael Yesk
Attorney for Plaintiffs
SIMONY Y. and SUZANNE Y. KWONG

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Dated: June 26, 2012

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Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

Michael Yesk

BRYAN CAVE LLP
Michael J. Peng
By:

/s/ Michael J. Peng
Michael J. Peng
Attorneys for Defendant
WELLS FARGO BANK, N.A., AS TRUSTEE
FOR CERTIFICATE HOLDERS OF BANC OF
AMERICA FUNDING CORPORATION
MORTGAGE PASS THROUGH CERTIFICATES,
SERIES 2007-E

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SF01DOCS\57697.1

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JOINT STIPULATION EXTENDING TIME – CASE NO. 4:11-cv-05636-SBA

Case5:12-cv-01362-LHK Document15 Filed06/26/12 Page4 of 4

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[PROPOSED] ORDER

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WHEREAS Plaintiffs Simon Y. Kwong And Suzanne Y. Kwong (“Plaintiffs”), and

3 Defendant Wells Fargo Bank, N.A., As Trustee For Certificate Holders of Banc Of America
4 Funding Corporation Mortgage Pass Through Certificates, Series 2007-E (“Defendant”), have
5 stipulated to extend Defendant’s responsive pleading deadline to the First Amended Complaint to
6 August 10, 2012 and good cause appearing therefore:
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IT IS ORDERED THAT:

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Defendant shall move, answer, or otherwise respond to the First Amended Complaint by

9 August 10, 2012;

Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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IT IS SO ORDERED.

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June ___, 2012
13 Dated: July 9, 2012
Hon. Lucy H. Koh
JUDGE OF THE U.S. DISTRICT COURT

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SF01DOCS\57697.1

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JOINT STIPULATION EXTENDING TIME – CASE NO. 4:11-cv-05636-SBA