Randall Wallis v. CitiMortgage, Inc., a New York Corporation et al

Filing 39

ORDER GRANTING STIPULATION 38 . Further Case Management Conference set for 7/6/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Updated Case Management Statement due by 6/29/2016. Signed by Judge Nathanael Cousins on 5/25/2016. (lmh, COURT STAFF) (Filed on 5/25/2016)

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LOCKE LORD LLP
Regina J. McClendon (SBN 184669)
[e-mail]
James C. Magid (SBN 233043)
[e-mail]
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
CitiMortgage, Inc. and U.S. Bank National Association, as Trustee for the Structured Asset
Securities Corporation Mortgage Pass-Through Certificates, Series 2004-6XS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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RANDALL WALLIS,

)
)
Plaintiff,
)
)
vs.
)
)
CITIMORTGAGE, INC., a New York Corporation; )
U.S. BANK, NATIONAL ASSOCIATION, AS
)
TRUSTEE FOR THE STRUCTURED ASSET
)
SECURITIES CORPORATION MORTGAGE
)
PASS-THROUGH CERTIFICATES, SERIES 2004- )
6XS; NBS DEFAULT SERVICES, LLC, a Texas
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Limited Liability Company; and all persons or
)
entities unknown claiming any legal or equitable
)
right, title, estate, lien or interest in the property
)
described in this complaint adverse to Plaintiff's title )
thereto; and DOES 1 through 25, inclusive,
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)
Defendants.
)
)

CASE NO.: 5:15-cv-05824-NC
STIPULATION AND ORDER TO
CONTINUE JUNE 1, 2016 CASE
MANAGEMENT CONFERENCE
Date:
June 1, 2016
Time:
10:00 a.m.
Courtroom: 7
Hon. Nathanael M. Cousins

Complaint Filed: November 13, 2015

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Defendants CitiMortgage, Inc. (“CitiMortgage”) and U.S. Bank National Association, as
Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series

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STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC

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2004-6XS (“U.S. Bank”) (collectively, “Defendants”) and plaintiff Randall Wallis (“Plaintiff”) by

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and through their counsel of record, hereby stipulate and agree as follows:

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WHEREAS on November 13, 2015, Plaintiff filed his Complaint in this action in the
Superior Court of the State of California, County of Monterey;

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WHEREAS on December 18, 2015, Defendants removed this action to this Court; and

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WHEREAS on January 11, 2016, Plaintiff filed a First Amended Complaint in this action;

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WHEREAS on January 27, 2016, Defendants filed a motion to dismiss the First Amended

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Complaint;
WHEREAS on April 18, 2016, the Court issued an Order finding Helene Wallis to be an

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indispensable party and ordering her to be joined in this action within 30 days or the case may be

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dismissed and denying Defendants’ motion to dismiss without prejudice;

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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WHEREAS Helene Wallis has not been joined in this action;

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WHEREAS settlement discussions between the Parties are ongoing;

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WHEREAS on May 24, 2016, the Parties attended a further Alternative Dispute Resolution

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(ADR) Phone Conference;
WHEREAS the Parties agreed during the May 24, 2016 ADR Phone Conference that it

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would be preferable to continue the Case Management Conference currently scheduled for June 1,

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2016 to focus on settlement discussions that may lead to the dismissal of this action with prejudice,

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WHEREAS good cause exists to continue the Case Management Conference as judicial

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resources will be conserved because settlement would eliminate the need for the Court to prepare for

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or conduct a further Case Management Conference;

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IT IS THEREFORE STIPULATED AND AGREED by Plaintiff and Defendants, by and
through their respective counsel, that
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The Case Management Conference currently scheduled to take place on June 1, 2016

be continued until July 6, 2016, or a date thereafter as convenient to the Court, and
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The Case Management Conference Statement currently due to be filed on May 25,

2016 shall be filed on June 29, 2016, or on a date thereafter as convenient to the Court.

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STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC

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Dated: May 24, 2016

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Respectfully submitted,
LOCKE LORD LLP

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By:

/s/ James C. Magid
Regina J. McClendon
James C. Magid
Attorneys for Defendants
CitiMortgage, Inc. and U.S. Bank National
Association, as Trustee for the Structured Asset
Securities Corporation Mortgage Pass-Through
Certificates, Series 2004-6XS

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Dated: May 24, 2016

CONSUMER LITIGATION LAW CENTER, APC

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By:

/s/ Rex Phillips
September J Katje, Esq.
Rex Phillips, Esq.
Attorneys for Plaintiff Randall Wallis

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CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained concurrence

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regarding the filing of this document from the indicated signatories to the document.

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Dated: May 24, 2016

By: /s/ James C. Magid

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James C. Magid

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: May 25, 2016

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NO

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RT

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thanael
Judge Na

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M. Cousin

s

FO

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R NIA

Hon. Nathanael M. Cousins
TED
United States Magistrate Judge
GRAN

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LI

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RT
U
O

S DISTRICT
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TA
______________________________________

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UNIT
ED

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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F
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STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC

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