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

Filing 31

Order by Hon. Lucy H. Koh granting 30 Stipulation Extending Time to Complete Mediation.(lhklc3, COURT STAFF) (Filed on 11/14/2012)

1 BRYAN CAVE LLP
C. Scott Greene, California Bar No. 277445

2 Goli Mahdavi, California Bar No. 245705
Michael J. Peng, California Bar No. 260852

3 333 Market Street, 25th Floor
San Francisco, CA 94105
[phone]
Facsimile:
[phone]
[e-mail]
5 E-mail:
[e-mail]
[e-mail]
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4 Telephone:

7 Attorneys for Defendant
WELLS FARGO BANK, N.A., AS TRUSTEE FOR CERTIFICATE HOLDERS OF BANC OF

8 AMERICA FUNDING CORPORATION MORTGAGE PASS THROUGH CERTIFICATES,
SERIES 2007-E

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UNITED STATES DISTRICT COURT

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

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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SIMON Y. KWONG and SUZANNE Y.

14 KWONG,
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STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
COMPLETE MEDIATION

Plaintiffs,

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Case No.: 12-CV-01362-LHK

vs.
ADR L.R. 5-5(b)

17 WELLS FARGO BANK, N.A., AS
TRUSTEE FOR CERTIFICATE HOLDERS

18 OF BANC OF AMERICA FUNDING
CORPORATION MORTGAGE PASS

19 THROUGH CERTIFICATES, SERIES 2007-

Complaint Filed:
FAC Filed:
Trial Date:
Judge:

E,

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Defendant.

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111582.1
STIPULATION TO EXTEND MEDIATION DEADLINE

March 19, 2012
June 12, 2012
Not Yet Assigned
Lucy H. Koh

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STIPULATION

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This Stipulation is entered into by Plaintiffs SUZANNE Y. KWONG and SIMON Y.

3 KWONG (“Plaintiffs”) and Defendant WELLS FARGO BANK, N.A., AS TRUSTEE FOR
4 CERTIFICATE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION
5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-E (“Defendant”), by and
6 through their respective attorneys of record.
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WHEREAS, on August 17, 2012, this Court entered an Order referring this case to early

8 neutral evaluation;
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WHEREAS, on September 26, 2012, the ADR unit appointed Charles Miller as Evaluator;

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

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WHEREAS, on October 12, 2012, the parties engaged in telephone conference with Mr.

11 Miller;
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WHEREAS, a hearing on Defendants’ Motion to Dismiss Plaintiffs’ Complaint is set for

13 November 29, 2012;
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WHEREAS, a hearing on Plaintiffs’ counsel’s Motion to Withdraw as Attorney of Record is

15 also set for November 29, 2012;
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WHEREAS, a case management conference is also set for November 29, 2012;

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WHEREAS, Plaintiffs and Defendant agree that they would like additional time to schedule

18 and complete early neutral evaluation;
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111582.1

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STIPULATION TO EXTEND MEDIATION DEADLINE

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NOW, THEREFORE, Plaintiffs and Defendant desire and hereby STIPULATE that they

2 shall have until, and including, 60 days after the Court’s final ruling on Defendant’s Motion to
3 Dismiss is entered to complete early neutral evaluation.
4

IT IS SO STIPULATED.

5 Dated: November 13, 2012
6

Michael Yesk
By:

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

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

9 Dated: November 13, 2012
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BRYAN CAVE LLP
Michael J. Peng

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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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111582.1

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STIPULATION TO EXTEND MEDIATION DEADLINE

1

[PROPOSED] ORDER

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Having reviewed the stipulation of Plaintiffs SIMONY Y. and SUZANNE Y. KWONG

3 (“Plaintiffs”) and Defendant WELLS FARGO BANK, N.A., AS TRUSTEE FOR CERTIFICATE
4 HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS
5 THROUGH CERTIFICATES, SERIES 2007-E (“Defendant”), and good cause appearing,
6

IT IS HEREBY ORDERED THAT Plaintiffs and Defendant shall have until, and

7 including, 60 days following the Court’s ruling on Defendants’ Motion to Dismiss (currently
8 scheduled for hearing on November 29, 2012) to complete the early neutral evaluation session.
9
Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

10 Dated: November
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, 2012

________________________________
Hon. Lucy H. Koh
United States District Court Judge
Northern District of California

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111582.1

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STIPULATION TO EXTEND MEDIATION DEADLINE