Guzman v. Equifax Inc. et al

Filing 42

ORDER APPROVING 41 STIPULATION TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT. Motion Hearing continued to 8/27/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 6/10/2015. (blflc2, COURT STAFF) (Filed on 6/10/2015)

1 DOLL AMIR & ELEY LLP
HUNTER R. ELEY (SBN 224321)
2 [e-mail]
CRISTINE REYNAERT (SBN 240476)
3 [e-mail]
1888 Century Park East, Suite 1850
4 Los Angeles, California 90067
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Defendant
SUNTRUST MORTGAGE, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

D OLL A MIR & E LEY LLP

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11 FRANCISCO GUZMAN,
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Plaintiff,

13 v.
14 EQUIFAX, INC.; BARCLAYS BANK
DELAWARE; BAYVIEW LOAN
15 SERVICING, LLC; SUNTRUST
MORTGAGE, INC., and DOES 1
16 through 100, inclusive,
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Defendants.

Case No. 1:15-cv-00269-BLF-NC
Assigned to Judge Beth Labson
Freeman and Magistrate Judge
Nathanael M. Cousins
STIPULATION TO CONTINUE
HEARING ON DEFENDANT
SUNTRUST MORTGAGE, INC.’S
MOTION TO DISMISS
COMPLAINT
[Proposed] Order filed concurrently
herewith]
Complaint Filed: December 10, 2014
Current Hearing Date: June 11, 2015
Proposed Hearing Date: August 27,
2015

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS COMPLAINT

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Plaintiff Francisco Guzman (“Plaintiff”), by and through his counsel of record,

2 Elliot W. Gale, Esq. of Sagaria Law, P.C., and Defendant SunTrust Mortgage, Inc.
3 (“SunTrust”), by and through its counsel of record, Hunter R. Eley, Esq. of Doll Amir
4 & Eley LLP, hereby submit this stipulation to continue the hearing date for Defendant
5 Suntrust Mortgage, Inc., Motion To Dismiss Complaint (“Motion to Dismiss”).
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WHEREAS:

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1.

Plaintiff filed the Complaint in this adversary proceeding on December

8 10, 2014;
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2.

Plaintiff served the Complaint on SunTrust Mortgage, Inc., with a Notice

D OLL A MIR & E LEY LLP

10 of Acknowledgement and Receipt, which was signed and returned to Plaintiff’s
11 counsel on December 29, 2014;
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3.

SunTrust filed its Motion to Dismiss on March 4, 2015;

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4.

The hearing on the Motion to Dismiss is currently on calendar for June

14 11, 2015 at 9:00 a.m.
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5.

The parties have been engaged in good faith settlement discussions and

16 would like additional time to pursue those discussions prior to moving forward with
17 Motion practice;
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6.

Counsel for SunTrust has communicated with the Courtroom Deputy to

19 the Hon. Beth Labson Freeman regarding the next available hearing date and has
20 reserved August 27, 2015 for the rescheduled Motion to Dismiss hearing (pending
21 approval by this Court);
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7.

The parties therefore respectfully request that the Motion to Dismiss

23 currently scheduled to be heard on June 11, 2015 at 9:00 a.m. be continued to August
24 27, 2015 at 9:00 a.m.
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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS COMPLAINT

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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The hearing date for SunTrust’s Motion to Dismiss Plaintiff’s Complaint be

3 continued from June 11, 2015 at 9:00 a.m. to August 27, 2015 at 9:00 a.m.
4
5 Dated: June 10, 2015

DOLL AMIR & ELEY LLP

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By

/s/ Hunter R. Eley
Hunter R. Eley
Attorneys for Defendant
SUNTRUST MORTGAGE, INC.

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D OLL A MIR & E LEY LLP

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Dated: June 10, 2015

SAGARIA LAW, P.C.

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By

/s/ Elliot W. Gale (w/ permission)
Elliot W. Gale
Attorneys for Plaintiff
FRANCISCO GUZMAN

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS COMPLAINT

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[PROPOSED] ORDER CONTINUING MOTION TO DISMISS PLAINTIFF’S

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COMPLAINT

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Good cause having been shown, the Motion to Dismiss Plaintiff’s Complaint

4 scheduled for June 11, 2015 at 9:00 a.m. is continued, and shall be held on August 27,
5 2015 at 9:00 a.m. in the San Jose Courthouse, Courtroom 3 - 5th Floor, 280 South 1st
6 Street, San Jose, CA 95113.
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8 PURSUANT TO THE STIPULATION IT IS SO ORDERED.
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D OLL A MIR & E LEY LLP

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11 Dated: June 10, 2015
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By ____________________________
BETH LABSON FREEMAN
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS COMPLAINT