Abdelfattah v. Carringhton Mortgage Services, LLC

Filing 19

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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1 2 3 4 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 5 6 7 8 9 10 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 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 ) ) ) ) Plaintiff, ) ) vs. ) ) CARRINGTON MORTGAGE SERVICES LLC, a ) limited liability corporation. ) ) Defendant. ) ) ) ) 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 26 AND CHANGING INITIAL CASE SCHEDULING ORDER." The Order continued from October 27 28 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 1 disclosures or state objection in the Rule 26(f) Report and file the Case Management Statement." 2 The Order also continued the Initial Case Management Conference from October 30, 2012 to 3 November 30, 2012 at 10:30 a.m.; 4 WHEREAS, on October 23, 2012, Defendant Carrington Mortgage Services, LLC 5 6 7 8 9 (“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 10 calendar in light of the filing of the First Amended Complaint; 11 12 13 14 15 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.; 16 WHEREAS, in light of the second Motion to Dismiss, the parties, pursuant to Local Rules 617 18 1(b) and 6-2, seek to continue the deadline to file the Rule 26(f) Report, complete initial disclosures 19 or state objection in the Rule 26(f) Report and file the Case Management Statement until January 25, 20 2013, and continue the Initial Case Management Conference to February 15, 2013. 21 22 SO STIPULATED 23 Dated: November 6, 2012 LAW OFFICE OF WILLIAM E. KENNEDY LAW OFFICE OF TYLER S. HINZ 24 25 26 27 /s/ William E. Kennedy Attorneys for Plaintiff Ahmed Abdelfattah and others similarly situated 28 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 1 Dated: November 6, 2012 BUCKLEYSANDLER LLP 2 3 /s/ Donna L. Wilson Attorneys for Defendant Carrington Mortgage Services, LLC 4 5 6 7 ORDER PURSUANT TO STIPULATION, IT IS ORDERED that 8 1. The Motion to Dismiss filed by Carrington Mortgage Services, LLC currently calendared for 9 10 hearing on November 30, 2012 is ordered off calendar; 11 2. Defendant Carrington Mortgage Services, LLC's deadline to file a responsive pleading to the First 12 Amended Complaint is December 5, 2012; 13 3. The parties' deadline to file the Rule 26(f) Report, complete initial disclosures or state objection in 14 the Rule 26(f) Report and file the Case Management Statement is continued from November 16, 2012 15 16 to January 25, 2013; and 17 4. The Initial Case Management Conference is continued from November 30, 2012 at 10:30 a.m. to 18 February 15, 2013 at 10:30 a.m. 19 SO ORDERED 20 21 22 ____________________________________ Hon. Ronald M. Whyte U.S. District Court Judge 23 24 25 26 27 28 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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