Abdelfattah v. Carringhton Mortgage Services, LLC

Filing 47

STIPULATION AND ORDER 46 Regarding Plaintiff's Motion for Leave to File Second Amended Complaint. Motions terminated: 43 MOTION for Leave to File Second Amended Complaint filed by Ahmed Abdelfattah, 46 STIPULATION WITH PROPOSED ORDER REGARDING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Carringhton Mortgage Services, LLC. Signed by Judge Ronald M. Whyte on 12/17/13. (jgS, COURT STAFF) (Filed on 12/17/2013)

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MANATT, PHELPS & PHILLIPS, LLP
DONNA L. WILSON (SBN: 186984)
JOHN W. MCGUINNESS (SBN: 277322)
[e-mail]
[e-mail]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CARRINGTON MORTGAGE SERVICES, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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SAN JOSE DIVISION

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AHMED ABDELFATTAH, an individual,

vs.

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STIPULATION AND [] ORDER
REGARDING PLAINTIFF’S MOTION FOR
LEAVE TO FILE SECOND AMENDED
COMPLAINT

Plaintiff,

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CASE NO. 5:12-CV-04656-RMW

CARRINGTON MORTGAGE SERVICES
LLC, a limited liability corporation,

Judge: Hon. Ronald M. Whyte

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Defendant.
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STIPULATION

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WHEREAS, the Court granted Defendant Carrington Mortgage Services, LLC’s (“CMS”)

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Motion to Strike Class Allegations on October 21, 2013, granting Plaintiff Ahmed Abdelfattah

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(“Plaintiff”) leave to amend the First Amended Complaint pursuant to the Order by November 20,

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2013;

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WHEREAS, Plaintiff filed a Motion for Leave to File Second Amended Complaint (the

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“Motion for Leave”) on November 20, 2013, along with the accompanying Declaration of

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William E. Kennedy in support of the Motion for Leave, which attached as Exhibit 1 thereto a

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proposed Second Amended Complaint (“SAC”);

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M AN AT T , P HELPS &
P HIL LIPS

WHEREAS, the Parties believe that it will be most efficient for the Court and for the
Parties to proceed to responsive pleadings with respect to the proposed SAC;
STIPULATION AND [] ORDER TO FILE
SECOND AMENDED COMPLAINT
CASE NO. 5:12-CV-04656-RMW

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WHEREAS, by this Stipulation, there is no waiver of CMS’s right to answer, move, or
otherwise respond to the SAC;

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NOW, THEREFORE, Plaintiff and CMS, by and through their respective counsel of

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record, do hereby stipulate to and request an order from the Court, pursuant to Rule 15(a)(2) of

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the Federal Rules of Civil Procedure and Local Rule 7-12, as follows:

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1.

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Plaintiff be granted leave to file the SAC as requested in Plaintiff’s Motion for
Leave;

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2.

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Upon the Court’s Order pursuant to this Stipulation, Plaintiff is to file the SAC
within three court days;

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3.

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CMS reserves all of its rights, without waiver, to answer, move or otherwise
respond to the SAC;

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4.

CMS will answer, move or otherwise respond to the SAC by January 6, 2014; and

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5.

Should CMS respond to the SAC by filing a motion, the briefing schedule will be

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as follows:

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a.

CMS’s deadline to file its motion is January 6, 2014;

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b.

Plaintiff’s deadline to file an opposition brief is January 20, 2014;

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c.

CMS’s deadline to file a reply brief is January 27, 2014;

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d.

The hearing on the motion, if necessary, is February 14, 2014, or as soon

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thereafter as the matter may be heard by the Court.

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SO STIPULATED.

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Dated:

December 3, 2013

CONSUMER LAW OFFICE OF WILLIAM E.
KENNEDY

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By: :
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/s/
WILLIAM E. KENNEDY
Attorneys for Plaintiff
Ahmed Abdelfattah

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M AN AT T , P HELPS &
P HIL LIPS

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STIPULATION AND ] ORDER TO FILE
SECOND AMENDED COMPLAINT
CASE NO. 5:12-CV-04656-RMW

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Dated:

December 3, 2013

MANATT, PHELPS & PHILLIPS, LLP

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By: :

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/s/
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DONNA L. WILSON
JOHN M. MCGUINNESS
Attorneys for Defendant
Carrington Mortgage Services, LLC

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[] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

___________________

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Honorable Ronald W. Whyte
Senior District Judge
United States District Court

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M AN AT T , P HELPS &
P HIL LIPS

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STIPULATION AND [ ORDER TO FILE
SECOND AMENDED COMPLAINT
CASE NO. 5:12-CV-04656-RMW