Abdelfattah v. Carringhton Mortgage Services, LLC
Filing
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STIPULATION AND ORDER 17 to Take Motion to Dismiss Off Calendar, to Set Deadline to Respond to First Amended Complaint, and to Continue Case Management Deadlines and Initial Case Management ConferenceA: Motions terminated: Case Management Conference set for 2/15/2013 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 11/15/12. (jgS, COURT STAFF) (Filed on 11/15/2012)
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CONSUMER LAW OFFICE OF WILLIAM E. KENNEDY
WILLIAM E. KENNEDY (CSB #158214)
(wkennedy@kennedyconsumerlaw.com)
2797 Park Avenue, Suite 201
Santa Clara, CA 95050
(408) 241-1000 -TEL
(408) 241-1500 – FAX
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LAW OFFICE OF TYLER S. HINZ
TYLER S. HINZ (CSB #280612)
(Tyler.Consumer@gmail.com)
2797 Park Ave, Suite 201
Santa Clara CA, 95050
(408)218-6665-Tel
Attorneys for Plaintiff AHMED ABDELFATTAH and others similarly situated
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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vs.
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CARRINGTON MORTGAGE SERVICES LLC, a )
limited liability corporation.
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Defendant.
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Case No.: CV12-04656 RMW
AHMED ABDELFATTAH, an individual
STIPULATION AND []
ORDER TO TAKE MOTION TO
DISMISS OFF CALENDAR, TO SET
DEADLINE TO RESPOND TO FIRST
AMENDED COMPLAINT, AND TO
CONTINUE CASE MANAGEMENT
DEADLINES AND INITIAL CASE
MANAGEMENT CONFERENCE
STIPULATION
WHEREAS, on October 11, 2012, in response to a proposed stipulation by the parties, the
Court entered an "ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO COMPLAINT
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AND CHANGING INITIAL CASE SCHEDULING ORDER." The Order continued from October
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23, 2012 to November 16, 2012 the deadline to "file the Rule 26(f) Report, complete initial
STIPULATION AND [] ORDER TO TAKE MOTION TO DISMISS OFF CALENDAR, TO SET DEADLINE TO RESPOND TO FIRST
AMENDED COMPLAINT, AND TO CONTINUE CASE MANAGEMENT DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
CV12-04656 RMW – Abdelfattah v. CMS - 1
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disclosures or state objection in the Rule 26(f) Report and file the Case Management Statement."
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The Order also continued the Initial Case Management Conference from October 30, 2012 to
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November 30, 2012 at 10:30 a.m.;
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WHEREAS, on October 23, 2012, Defendant Carrington Mortgage Services, LLC
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(“Carrington”) filed a Motion to Dismiss which is currently calendared for November 30, 2012;
WHEREAS, on November 5, 2012, Plaintiff Ahmed Abdelfattah filed a First Amended
Complaint;
WHEREAS, the parties agree that Carrington's Motion to Dismiss should be taken off
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calendar in light of the filing of the First Amended Complaint;
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WHEREAS, the parties agree that Carrington should have thirty (30) days from the filing of
the First Amended Complaint, i.e. until December 5, 2012, to file a responsive pleading;
WHEREAS, Carrington plans to file a second Motion to Dismiss, which will be set for
hearing on or about January 11, 2013 at 9:00 a.m.;
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WHEREAS, in light of the second Motion to Dismiss, the parties, pursuant to Local Rules 617
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1(b) and 6-2, seek to continue the deadline to file the Rule 26(f) Report, complete initial disclosures
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or state objection in the Rule 26(f) Report and file the Case Management Statement until January 25,
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2013, and continue the Initial Case Management Conference to February 15, 2013.
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SO STIPULATED
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Dated: November 6, 2012
LAW OFFICE OF WILLIAM E. KENNEDY
LAW OFFICE OF TYLER S. HINZ
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/s/
William E. Kennedy
Attorneys for Plaintiff Ahmed Abdelfattah
and others similarly situated
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STIPULATION AND [] ORDER TO TAKE MOTION TO DISMISS OFF CALENDAR, TO SET DEADLINE TO RESPOND TO FIRST
AMENDED COMPLAINT, AND TO CONTINUE CASE MANAGEMENT DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
CV12-04656 RMW – Abdelfattah v. CMS - 2
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Dated: November 6, 2012
BUCKLEYSANDLER LLP
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/s/
Donna L. Wilson
Attorneys for Defendant Carrington Mortgage
Services, LLC
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ORDER
PURSUANT TO STIPULATION, IT IS ORDERED that
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1. The Motion to Dismiss filed by Carrington Mortgage Services, LLC currently calendared for
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hearing on November 30, 2012 is ordered off calendar;
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2. Defendant Carrington Mortgage Services, LLC's deadline to file a responsive pleading to the First
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Amended Complaint is December 5, 2012;
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3. The parties' deadline to file the Rule 26(f) Report, complete initial disclosures or state objection in
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the Rule 26(f) Report and file the Case Management Statement is continued from November 16, 2012
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to January 25, 2013; and
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4. The Initial Case Management Conference is continued from November 30, 2012 at 10:30 a.m. to
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February 15, 2013 at 10:30 a.m.
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SO ORDERED
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____________________________________
Hon. Ronald M. Whyte
U.S. District Court Judge
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STIPULATION AND [ ORDER TO TAKE MOTION TO DISMISS OFF CALENDAR, TO SET DEADLINE TO RESPOND TO FIRST
AMENDED COMPLAINT, AND TO CONTINUE CASE MANAGEMENT DEADLINES AND INITIAL CASE MANAGEMENT CONFERENCE
CV12-04656 RMW – Abdelfattah v. CMS - 3
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