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)
1
2
3
4
5
6
7
8
LOCKE LORD LLP
Regina J. McClendon (SBN 184669)
rmcclendon@lockelord.com
James C. Magid (SBN 233043)
james.magid@lockelord.com
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
Telephone: (415) 318-8810
Fax: (415) 676-5816
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
9
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
Locke Lord LLP
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
12
13
14
15
16
17
18
19
20
21
22
23
24
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
)
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,
)
)
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
25
26
27
Defendants CitiMortgage, Inc. (“CitiMortgage”) and U.S. Bank National Association, as
Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series
28
1
STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC
1
2004-6XS (“U.S. Bank”) (collectively, “Defendants”) and plaintiff Randall Wallis (“Plaintiff”) by
2
and through their counsel of record, hereby stipulate and agree as follows:
3
4
WHEREAS on November 13, 2015, Plaintiff filed his Complaint in this action in the
Superior Court of the State of California, County of Monterey;
5
WHEREAS on December 18, 2015, Defendants removed this action to this Court; and
6
WHEREAS on January 11, 2016, Plaintiff filed a First Amended Complaint in this action;
7
WHEREAS on January 27, 2016, Defendants filed a motion to dismiss the First Amended
8
9
Complaint;
WHEREAS on April 18, 2016, the Court issued an Order finding Helene Wallis to be an
10
indispensable party and ordering her to be joined in this action within 30 days or the case may be
11
dismissed and denying Defendants’ motion to dismiss without prejudice;
Locke Lord LLP
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
12
WHEREAS Helene Wallis has not been joined in this action;
13
WHEREAS settlement discussions between the Parties are ongoing;
14
WHEREAS on May 24, 2016, the Parties attended a further Alternative Dispute Resolution
15
16
(ADR) Phone Conference;
WHEREAS the Parties agreed during the May 24, 2016 ADR Phone Conference that it
17
would be preferable to continue the Case Management Conference currently scheduled for June 1,
18
2016 to focus on settlement discussions that may lead to the dismissal of this action with prejudice,
19
WHEREAS good cause exists to continue the Case Management Conference as judicial
20
resources will be conserved because settlement would eliminate the need for the Court to prepare for
21
or conduct a further Case Management Conference;
22
23
24
25
26
27
IT IS THEREFORE STIPULATED AND AGREED by Plaintiff and Defendants, by and
through their respective counsel, that
1.
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
2.
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.
28
2
STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC
1
Dated: May 24, 2016
2
Respectfully submitted,
LOCKE LORD LLP
3
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
4
5
6
7
8
9
Dated: May 24, 2016
CONSUMER LITIGATION LAW CENTER, APC
10
11
By:
/s/ Rex Phillips
September J Katje, Esq.
Rex Phillips, Esq.
Attorneys for Plaintiff Randall Wallis
13
14
15
16
CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained concurrence
17
regarding the filing of this document from the indicated signatories to the document.
18
Dated: May 24, 2016
By: /s/ James C. Magid
19
James C. Magid
20
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: May 25, 2016
S
NO
26
RT
ER
H
27
thanael
Judge Na
28
M. Cousin
s
FO
25
R NIA
Hon. Nathanael M. Cousins
TED
United States Magistrate Judge
GRAN
24
LI
23
RT
U
O
S DISTRICT
TE
C
TA
______________________________________
22
A
21
UNIT
ED
Locke Lord LLP
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
12
N
F
D IS T IC T O
R
3
STIPULATION TO CONTINUE CMC
Wallis v. CitiMortgage, Inc., et al., Case No. 5:15-cv-05824-NC
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?