Brinker v. JP Morgan Chase N.A. et al

Filing 25

Order by Hon. Lucy H. Koh granting 24 Stipulation.(lhklc1, COURT STAFF) (Filed on 6/5/2013)

Case5:13-cv-01805-LHK Document24 Filed06/04/13 Page1 of 3

1 ANITA L. STEBURG, SBN 245933
STEBURG LAW FIRM, P.C.
2 1798 Technology Drive, Suite 258
San Jose, CA 95110
3 Tel: [phone]
Fax: [phone]
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Attorney for Plaintiff,
5 Alan Brinker
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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Case No. 5:13-cv-01805 LHK

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ALAN BRINKER, an individual,

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PLAINTIFF,

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v.

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JP MORGAN CHASE, N.A.; CALIFORNIA
RECONVEYANCE COMPANY; LPS
AGENCY SALES AND POSTING, INC.;
EXPERIAN INFORMATION SOLUTIONS,
INC.; TRANS UNION L.L.C.; EQUIFAX
INFORMATION SERVICES, L.L.C., and
DOES 1 through 100, inclusive,

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JOINT STATUS REPORT
BETWEEN PLAINTIFF AND
DEFENDANT, JPMORGAN
CHASE, N.A. AND
STIPULATION RE:
PRELIMINARY INJUNCTION

DEFENDANTS.
Following meet and confer efforts between counsel, Defendants, JPMorgan Chase, N.A.,
and California Reconveyance Company (“Defendants”), through their counsel John Hedger of

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Bryan Cave, LLP, and Alan Brinker (“Plaintiff”), through his counsel, Anita Steburg, hereby

22 stipulate as follows:
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1. Without conceding the merits of any of Plaintiff’s claims, Defendants will not proceed

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with the foreclosure of the real property located at 853-J West California Avenue, Sunnyvale,

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CA 94086, Assessor’s Parcel No. 165-25-120.

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2. Plaintiff will make monthly payments of $818.08, the amount of his current monthly

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mortgage payments, directly to JP Morgan Chase, N.A. during the pendency of this action and

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while any order related to this stipulation is in effect. Such payments shall be sent to

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________________________ __________________________________________________________________________________________________________________________________

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Case5:13-cv-01805-LHK Document24 Filed06/04/13 Page2 of 3

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Defendants’ counsel no later than the 10th of every month until other payment arrangements
are agreed to by the parties.

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3. Plaintiff’s counsel will continue to hold funds in trust. These funds represent the

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disputed interest, penalties, fees and other expenses related to Plaintiff’s mortgage loan with

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JPMorgan Chase Bank, N.A.
4. Defendants’ agreement to forbear from continuing foreclosure proceedings is
contingent upon Plaintiff continuing to fulfill the additional conditions enumerated in
paragraphs 2 and 3 of this stipulation. However, should Plaintiff not continue to fulfill those
conditions, counsel will meet and confer. If, following meet and confer efforts, Defendants
wish to proceed with foreclosure, the parties shall request a briefing schedule for a preliminary
injunction motion to be filed by Plaintiff.
5. This stipulation is only binding on the parties as long as this case is pending or until this
Court otherwise orders it to no longer be in effect.

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15 IT IS SO STIPULATED.
16 Date: June 4, 2013
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/s/ Anita L. Steburg
______________________
Anita L. Steburg
Counsel for Plaintiff, Alan Brinker

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19 Date: June 4, 2013
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/s/ John Hedger
______________________
John Hedger
Counsel for Defendant, JP Morgan Chase, N.A.

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________________________ __________________________________________________________________________________________________________________________________

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Case5:13-cv-01805-LHK Document24 Filed06/04/13 Page3 of 3

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

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1. Defendants JPMorgan Chase Bank, N.A. and California Reconveyance Company shall

4 not proceed with foreclosure of the real property located at 853-J West California Avenue,
5 Sunnyvale, CA 94086, Assessor’s Parcel No. 165-25-120.
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2. Plaintiff shall pay $818,08 to JPMorgan Chase Bank, N.A. no later than the 10th of

7 every month beginning in June 2013. Such payments shall be sent to Defendants’ counsel
8 until the parties agree otherwise.
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3. Plaintiff’s counsel shall continue to hold disputed funds deposited by Plaintiff in

10 trust until otherwise agreed to by the parties or ordered by this Court.
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4. The parties may jointly request a briefing schedule for Plaintiff to file a motion for

12 preliminary injunction if the parties find it necessary following meet and confer efforts
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16 IT IS SO ORDERED.
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June 5, 2013
18 DATED:_________________________
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_______________________________
UNITED Koh
Lucy H. STATES DISTRICT JUDGE
United Stated District Judge

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________________________ __________________________________________________________________________________________________________________________________

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