Fulinara et al v. Bank of New York Mellon, N.A. et al

Filing 21

STIPULATION AND ORDER STAYING CASE re 16 STIPULATION WITH PROPOSED ORDER to Stay Litigation filed by Noe Fulinara, Merliyn Fulinara. Signed by Magistrate Judge Howard R. Lloyd on 1/3/2014. (hrllc1, COURT STAFF) (Filed on 1/6/2014)

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*E-Filed: January 6, 2014*

Matthew D. Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs,
MERILYN FULINARA
NOE FULINARA

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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MERILYN FULINARA, an individual; and
NOE FULINARA, an individual,

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Case No.: 5:13-cv-03963-HRL
JOINT STIPULATION TO FURTHER
STAY LITIGATION PENDING
EFFORTS TOWARDS INFORMAL
RESOLUTION; [PROPOSED] ORDER

Plaintiffs,
v.
BANK OF NEW YORK MELLON; a business
entity; BANK OF AMERICA, N.A., a business
entity; and DOES 1 through 50, inclusive,

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[Filed Concurrently with [Proposed] Order]
Action Filed:
Trial Date:

Defendants.

November 15, 2012
None Set

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Pursuant to the Civil Local Rules of the United States District Court for the Northern
District of California, Rule 6-2 and ADR Local Rules of the United States District Court for the
Northern District of California, Rule 304(b), the parties, Plaintiffs, MERILYN FULINARA and
NOE FULINARA, and Defendants, BANK OF NEW YORK MELLON and BANK OF
AMERICA, N.A., hereby stipulate that:
1.

WHEREAS Plaintiffs filed the instant action August 27, 2013.

2.

WHEREAS on October 28 2013, Defendants filed a Motion to Dismiss Plaintiffs’

Complaint.
3.

WHEREAS on November 18, 2013, Plaintiffs filed an Amended Complaint

4.

WHEREAS on December 2, 2013, the parties agreed to extend the time for

Defendants’ response to Plaintiffs’ First Amended Complaint until December 12, 2013.
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JOINT STIPULATION TO STAY LITIGATION PENDING EFFFORTS TOWARD INFORMAL RESOLUTION

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5.

WHEREAS the parties continue to work diligently in hopes that this dispute can

be resolved by way of a loan modification, and do not wish to incur any further expenses or
expend judicial resources unnecessarily, but additional time is required to complete the loan
modification review. The parties, therefore, agree as follows:
6.

All proceedings will be stayed for one hundred and twenty days (120) days to

allow for adequate time to process Plaintiffs’ loan modification application and review Plaintiffs
for a loan modification.
7.

Pending the loan modification review, Defendants agree to postpone all

foreclosure proceedings. Defendants also agree that any noticed trustee’s sale concerning the
subject property shall not be held while Plaintiffs’ loan modification application is under review.
If a mutually agreeable settlement is not reached, Defendants may elect to proceed with the
postponed trustee’s sale. In such event, counsel for Defendants shall provide Plaintiffs’ counsel
with written notice at least 10 days prior to any scheduled trustee’s sale advising of Defendants’
election.
8.

Defendants’ time to file and serve a responsive pleading to Plaintiffs’ Complaint

shall be extended to 15 days after the litigation stay expires.
9.

The Initial Case Management Conference and all associated deadlines, shall be

reset by the Court following the expiration of the stay, should the case not resolve.

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JOINT STIPULATION TO STAY LITIGATION PENDING EFFFORTS TOWARD INFORMAL RESOLUTION

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DATED: December 6, 2013

MELLEN LAW FIRM

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By:

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/s/ Jessica Galletta
Matthew D. Mellen
Jessica R. Galletta

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Attorneys for Plaintiffs MERILYN FULINARA and
NOE FULINARA

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DATED: December 6, 2013

MCGUIRE WOODS

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By:

/s/ Lila Al-Marhoon__________________
Lila Al-Marhoon (e-signature approved by
counsel via email on December 6, 2013

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Attorneys for Defendants BANK OF AMERICA, N.A.,
and THE BANK OF NEW YORK MELLON

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JOINT STIPULATION TO STAY LITIGATION PENDING EFFFORTS TOWARD INFORMAL RESOLUTION

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Matthew D. Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, California 94402
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs,
MERILYN FULINARA
NOE FULINARA

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UNITED STATES DISTRICT COURT
8

NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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MERILYN FULINARA, an individual; and
NOE FULINARA, an individual,

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12
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Case No.: 5:13-cv-03963-HRL
JOINT STIPULATION TO FURTHER
STAY LITIGATION PENDING
EFFORTS TOWARDS INFORMAL
RESOLUTION; [PROPOSED] ORDER

Plaintiffs,
v.
BANK OF NEW YORK MELLON; a business
entity; BANK OF AMERICA, N.A., a business
entity; and DOES 1 through 50, inclusive,

15

[Filed Concurrently with [Proposed] Order]
Action Filed:
Trial Date:

Defendants.

November 15, 2012
None Set

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Pursuant to the parties’ Stipulation to Stay Litigation Pending Efforts Toward Informal
Resolution, and good cause appearing, IT IS SO ORDERED that:
1.

All litigation proceedings, including but not limited to discovery and law and

motion, are stayed for 120 days from the date of this Order to allow for adequate time for
defendant Bank of America to process Plaintiffs’ loan modification application and review
Plaintiffs for a loan modification
2.

Defendants shall file and serve a responsive pleading to Plaintiffs’ Complaint

within 15 days of the expiration of the litigation stay.
3.

The initial Case Management Conference set for January 7, 2014, and all

associated deadlines, is hereby vacated and shall be reset by the Court following the expiration of
the stay, should the case not resolve.
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[PROPOSED] ORDER ON STIPULATION TO STAY LITIGATION PENDING EFFFORTS TOWARD INFORMAL RESOLUTION

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IT IS SO ORDERED.

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Dated: ___________________
1/3/14

_________________________
Honorable Howard R. Lloyd

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[PROPOSED] ORDER ON STIPULATION TO STAY LITIGATION PENDING EFFFORTS TOWARD INFORMAL RESOLUTION