Kimberly Cox v. Old Republic National Title Insurance Company, et al

Filing 21

ORDER APPROVING STIPULATION TO CEASE AND DESIST FORECLOSURE DURING THE PENDENCY OF THIS ACTION, re: 20 . The 8/20/2015 preliminary injunction hearing is VACATED. The Initial Case Management Conference and associated deadlines remain on calendar. Signed by Hon. Beth Labson Freeman on 6/15/2015. (blflc2, COURT STAFF) (Filed on 6/15/2015)

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Ronald H. Freshman, CA Bar No. 225136
Law Offices of Ronald H. Freshman
3040 Skycrest Drive
Fallbrook, CA 92028
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Kimberly Cox

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY COX,

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v.

Case No. 5:15-cv-02253-BLF
PLAINTIFF,

OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY, et al.;

[Proposed] ORDER ON STIPULATION TO CEASE AND
DESIST FORECLOSURE ACTS DURING THE PENDENCY
OF THIS ACTION

Defendants.

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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, NEW PENN FINANCIAL, LLC d/b/a

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SHELLPOINT MORTGAGE SERVICING and THE BANK OF NEW YORK MELLON CORPORATION f/k/a

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THE BANK OF NEW YORK COMPANY, INC., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS

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INC - CHL MORTGAGE PASS-THROUGH TRUST 2005-02 (collectively “Defendants”), through their

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respective counsel, have each agreed, pursuant to the executed stipulation attached hereto as

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Exhibit “1”, to cease and desist from any present and future foreclosure acts during the pendency of

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this action subject to KIMBERLY COX (“Plaintiff”) taking her Motion for a Preliminary Injunction off

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calendar which she did.

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1

ORDER ON STIPULATION TO ENJOIN FORECLOSURE

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ORDER

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IT IS SO ORDERED that Defendants, their agents or assigns are hereby enjoined as stipulated

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during the pendency of this action or until otherwise ordered by the Court.
The August 20, 2015 preliminary injunction hearing is hereby VACATED. The case
management conference and associated deadlines remain on calendar.
Dated: June 15, 2015
United States District Court Judge

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ORDER ON STIPULATION TO ENJOIN FORECLOSURE

Exhibit “1”

Case5:15-cv-02253-NC Document15 Filed06/02/15 Page1 of 2

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Ronald H. Freshman, CA Bar No. 225136
Law Offices of Ronald H. Freshman
3040 Skycrest Drive
Fallbrook, CA 92028
Telephone: [phone]
Facsimile:
[phone]
E-mail: [e-mail]
Attorney for Plaintiff Kimberly Cox

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY COX,

) Case No. 5:15-cv-02253-NC

)

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PLAINTIFF,
v.
OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY;

) STIPULATION TO CEASE AND DESIST FORECLOSURE
) ACTS DURING THE PENDENCY OF THIS ACTION
)
)
)

)
NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT )
MORTGAGE SERVICING;
)
)
THE BANK OF NEW YORK MELLON
)
CORPORATION f/k/a THE BANK OF NEW YORK )
COMPANY, INC., AS TRUSTEE FOR THE
)
CERTIFICATEHOLDERS OF CWMBS INC- CHL
)
MORTGAGE PASS-THROUGH TRUST 2005-02; )
and,
)
)
MORTGAGE ELECTRONIC REGISTRATION
)
SYSTEMS, INC.,
)
)
Defendants.
)

Hearing Date: June 24, 2015
Time:
1:00 p.m.
Dept:
Courtroom 7, 4th Floor
Judge:
Hon. Nathanael M. Cousins

Defendants OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, NEW PENN FINANCIAL,

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LLC d/b/a SHELLPOINT MORTGAGE SERVICING and THE BANK OF NEW YORK MELLON

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CORPORATION f/k/a THE BANK OF NEW YORK COMPANY, INC., AS TRUSTEE FOR THE

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STIPULATION TO STOP FORECLOSURE

Case5:15-cv-02253-NC Document15 Filed06/02/15 Page2 of 2

June 2, 2015

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Ronald H. Freshman, CA Bar No. 225136
Law Offices of Ronald H. Freshman
3040 Skycrest Drive
Fallbrook, CA 92028
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Kimberly Cox

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY COX,

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v.

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PLAINTIFF,

CERTIFICATE OF SERVICE

OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY, et al.;
Defendants.

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Case No. 5:15-cv-02253-BLF

CERTIFICATE OF SERVICE
At the time of service, I was over 18 years of age and not a party to this action. I am employed
in the County of San Diego, State of California. My business address is 3040 Skycrest Drive, Fallbrook,
CA 92028.

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 On
 June
 14,
 2015,
 I
 served
 true
 copies
 of
 the
 following
 document(s)
 on
 the
 following
 par@es
 in

@
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this action.
DOCUMENTS:
[Proposed] ORDER ON STIPULATION TO CEASE AND DESIST FORECLOSURE ACTS DURING THE
PENDENCY OF THIS ACTION
PARTIES SERVED:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
C/O Severson & Werson
Attn: David M. Liu
The Atrium
19100 Von Karman Ave., Suite 700
Irvine, CA 92612;

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Certificate of Service

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NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING
C/O Yu Mohandesi, LLP
Attn: Thuy N. Tran
633 West Fifth St., Suite 2800
Los Angeles, CA 90071;
THE BANK OF NEW YORK MELLON CORPORATION AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS INC - CHL MORTGAGE PASS-THROUGH TRUST 2005-02
C/O Yu Mohandesi, LLP
Attn: Thuy N. Tran
633 West Fifth St., Suite 2800
Los Angeles, CA 90071; and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
C/O Severson & Werson
Attn: David E. Pinch
One Embarcadero Center, Site 2600
San Francisco, CA 94111

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BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) with the
Clerk of the Court by using the CM/ECF system. Participants in the case who are registered
CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered
CM/ECF users will be served by mail or by other means permitted by the court rules.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.

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Executed
 on
 June
 14,
 2015,
 at
 Fallbrook,
 CA.

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Ronald H. Freshman, Esq.
Attorney for Kimberly Cox

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Certificate of Service