Franczak v. Suntrust Mortgage, Inc.

Filing 41

STIPULATION AND ORDER to Stay response Deadline to Plaintiff's Second Amended Complaint Pending Amended Complaint Pending Resolution of Plaintiff's Motion for Leave to Amend re 40 Stipulation filed by Suntrust Mortgage, Inc. Signed by Judge Edward J. Davila on 4/2/2013. (ecg, COURT STAFF) (Filed on 4/2/2013)

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T. Robe1i Finlay (SBN: 167280)
Todd E. Chvat (SBN: 238282)
WRIGHT, FINLAY & ZAK, LLP
4665 MacAlihur Corni, Suite 280
Newpmi Beach, CA 92660
Telephone: [phone]
Facsimile: [phone]

DERED

O OR
IT IS S

Attorneys for Defendant
SUNTRUST MORTGAGE INC.

rd J . D a

vila

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Attorneys for Plaintiff
BERNIE FRANCZAK

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Matthew Mellen (SBN: 233350)
Jessica Galletta (SBN: 281179)
MELLEN LAW FIRM
411 Borel Ave, Suite 230
San Mateo, California 94402
Telephone:
[phone]
Facsimile:
[phone]

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O F 4/2/2013
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BERNIE FRANCZAK, an individual

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Plaintiff,

Hon. Edward J. Davila

v.

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Case No.: 12-CV-01453-EJD

STIPULATION TO STAY RESPONSE
DEADLINE TO PLAINTIFF'S
SECOND AMENDED COMPLAINT
PENDING RESOLUTION OF
PLAINTIFF'S MOTION FOR LEAVE
TO AMEND

SUNTRUST MORTGAGE INC., a Virginia
business entity; and Does 1-50, inclusive,

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Defendants.

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Date Action Filed:

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February 17, 2012

Trial Date:

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None Set

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Ill
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STIPULATION TO STAY RESPONSE DEADLINE TO PLAINTIFF'S SECOND AMENDED
COMPLAINT PENDING RESOLUTION OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND

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STIPULATION

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PlaintiffBemie Franczak ("Plaintiff') and Defendant Suntmst Mmigage, Inc.
("Defendant"), by and through their respective counsel, STIPULATE AND AGREE as follows:

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WHEREAS, on March 6, 2013, the Court granted Defendant's motion to dismiss the First
Amended Complaint with leave to amend;

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WHEREAS, pmsuant to said Order, Plaintiffs Second Amended Complaint was to be
filed no later than March 22, 2013;

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WHEREAS, pmsuant to said Order, if Plaintiff desired to add additional claims, he must
seek leave of comi to do so;

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WHEREAS, on March 22, 2013, Plaintiffs Second Amended Complaint was filed;

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WHEREAS, on March 25, 2013, Plaintiff filed a motion for leave to file a Third Amended
Complaint which is set for hearing on May 3, 2013, seeking to add causes of action for
promissory estoppel and negligent misrepresentation;

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WHEREAS, in light of the pending motion and in an effmi to conserve fees, the Pa1iies
agree that Defenda11t' s response to the operative Second Amended Complaint shall be stayed
pending the outcome of Plaintiffs motion for leave to file a Third Amended Complaint.

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STIPULATION TO STAY RESPONSE DEADLINE TO PLAINTIFF'S SECOND AMENDED
COMPLAINT PENDING RESOLUTION OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND

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Based on the above and for good cause the patiies hereby stipulate as follows:
1.

Defendant's response to the operative Second Amended Complaint shall be stayed

pending the outcome of Plaintiff's motion for leave to file a Third Amended Complaint;
2.

Should Plaintiffs motion be denied by the Corni, Defendm1t shall respond to the

operative Second Amended Complaint within fornieen (14) days of the date of said denial; or

3.

Should Plaintiffs motion be granted by the Corni, Defendant shall respond to the

then operative Third Amended Complaint within fornieen (14) days of the date of said order.

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Respectfully submitted.

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Dated: April 1, 2013

MELLEN LAW FIRM

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Is/ Jessica Galletta

By:

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Jessica Galletta, Esq.
Attorneys for Plaintiff
BERNIE FRANCZAK

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Dated: April 1, 2013

WRIGHT, FINLAY & ZAK, LLP

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Is/ Todd E. Chvat

By:

Todd Chvat, Esq.
Attorney for Defendm1t
SUNTRUST MORTGAGE, INC.

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STIPULATION TO STAY RESPONSE DEADLINE TO PLAINTIFF'S SECOND AMENDED
COMPLAINT PENDING RESOLUTION OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND

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PROOF OF SERVICE

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I, Margaret Augustyniak, declare as follows:
I am employed in the County of Orange, State of California. I am over the age of
eighteen (18) and not a party to the within action. My business address is 4665
MacArthur Court, Suite 280, Newport Beach, California 92660. I am readily familiar
with the practices of Wright, Finlay & Zak, LLP, for collection and processing of
correspondence for mailing with the United States Postal Service. Such correspondence
is deposited with the United States Postal Service the same day in the ordinary course of
business.

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On April1, 2013, I served the within STIPULATION TO STAY RESPONSE
DEADLINE TO PLAINTIFF'S SECOND AIVIENDED COIVIPLAINT PENDING
RESOLUTION OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND on all
interested parties in this action as follows:
[X]

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VV

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'-JVY'u.

Matthew Mellen, Esq
Jessica Galletta, Esq
Mellen Law Firm
411 Borel Avenue, Ste 230
San Mateo, Ca 94420
[phone]
Attorneys for Plaintiff
[X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed
on this date following ordinary business practices.
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(BY PERSONAL SERVICE) I caused to be delivered such envelope by
hand delivered to the office of the addressee.

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(BY FACSIMILE) The facsimile machine I used, with telephone no. (949)
4 77-9200, complied with California Rules of Court, Rule 2003, and no error
was reported by the machine. Pursuant to California Rules of Court, Rule
2006(d), I caused the machine to print a transmission record of the
transmission, a copy of which is attached to the original Proof of Service.

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by placing [ ] the original [X] a true copy thereof enclosed in sealed
<"'ll"tTt"'lAnt"'{ C\ arldf<"'CC<"'d ac fiollrnuc'
'-'.fJ'-'\UJ

PROOF OF SERVICE

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[ ]

(BY OVERNITE EXPRESS -NEXT DAY DELIVERY) I placed true and
correct copies of thereof enclosed in a package designated by Federal
Express with the delivery fees provided for.

[X]

(Federal) I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct.

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PROOF OF SERVICE