Pablo Ratuita et al v. Select Portfolio Servicing, Inc. et al

Filing 23

THIRD STIPULATION AND ORDER re 21 Extending Time for Select Portfolio Servicing, Inc.'s Response to Complaint. Response to complaint due by 4/26/2017. Signed by Magistrate Judge Howard R. Lloyd on 3/29/2017. (hrllc2, COURT STAFF) (Filed on 3/29/2017)

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Attorneys for Defendant
SELECT PORTFOLIO SERVICING, INC.

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UNITED STATES DISTRICT COURT
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THOMAS A. WOODS (SB #210050)
[e-mail]
TIFFANIE C. DE LA RIVA (SB #309092)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.447.4781

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PABLO T. RATUITA and LOURDES
RATUITA,

Case No. 5:16-CV-07254-HRL

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JUDGE: Hon. Howard R. Lloyd
Plaintiffs,

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FURTHER STIPULATION TO
EXTEND TIME FOR DEFENDANT TO
RESPOND TO COMPLAINT

v.
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SELECT PORTFOLIO SERVICING, INC.;
JPMORGAN CHASE BANK, N.A.; and
DOES 1 through 50, inclusive,

ACTION FILED:
REMOVED:

November 18, 2016
December 21, 2016

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Defendants.

Re: Dkt. 21

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TO THE CLERK OF THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND

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THEIR ATTORNEYS OF RECORD:
This stipulation (“Stipulation”) is entered into by the undersigned counsel for defendant

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Select Portfolio Servicing, Inc. (“SPS” or “Defendant”) and the undersigned counsel for plaintiffs

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Pablo T. Ratuita and Lourdes Ratuita (“Plaintiffs”) (together with SPS, the “Parties”).

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

FURTHER STIPULATION TO EXTEND TIME FOR
DEFENDANTS TO RESPOND TO COMPLAINT
91581265.1 0052161-04317

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5:16-CV-07254-HRL

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RECITALS
WHEREAS, on November 18, 2016, Plaintiffs filed a Complaint in Santa Clara County

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Superior Court in the case entitled Ratuita v. Select Portfolio Servicing, Inc., et al, Case

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No. 16CV302844.
WHEREAS, on December 20, 2016, Defendant SPS filed a Notice of Removal with this

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Court.

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WHEREAS, Defendant’s response is currently due March 27, 2017.

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WHEREAS, two previous extensions have been sought and granted.

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WHEREAS, the parties have been engaged in good faith negotiations and continue to

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work towards early resolution of the matter. Proceeding with litigation at this stage would be

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costly and create an unnecessary burden on the Courts and Parties, and Parties believe good cause

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exists for a proposed continuance so Parties can continue to work towards settlement.
WHEREAS Plaintiffs and Defendant, by and through their counsel of record, hereby

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STIPULATE to an additional thirty (30) day extension of time for Defendant to respond to

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Plaintiffs’ Complaint. This will provide the time necessary for parties to continue to engage in

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meaningful settlement discussions and attempt to informally resolve the matter.

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FOR GOOD CAUSE APPEARING, THE PARTIES STIPULATE AS FOLLOWS:

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1.

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The date by which Defendants shall respond to Plaintiffs’ Complaint shall be

extended to April 26, 2017.

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2.

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IT IS SO STIPULATED.

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

All related deadlines shall be continued accordingly.

FURTHER STIPULATION TO EXTEND TIME FOR
DEFENDANTS TO RESPOND TO COMPLAINT
91581265.1 0052161-04317

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5:16-CV-07254-HRL

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DATED: March 24, 2017

STOEL RIVES LLP

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By: /s/Tiffanie C. de la Riva
THOMAS A. WOODS
TIFFANIE C. DE LA RIVA
Attorneys for Defendant
SELECT PORTFOLIO SERVICING, INC.

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DATED: March 24, 2017

THE PABST LAW FIRM

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By:/s/ Frank Pabst
FRANK PABST
Attorney for Plaintiffs
PABLO T. RATUITA AND LOURDES
RATUITA

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ATTESTATION OF SIGNATURE:
I attest under penalty of perjury under the laws of the United States of America that I have

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received the concurrence in the filing of this document from the listed signatories as required by

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Local Rule 5.1(i)(3).

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Dated: March 24, 2017

/s/ Tiffanie C. de la Riva
TIFFANIE C. DE LA RIVA

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

FURTHER STIPULATION TO EXTEND TIME FOR
DEFENDANTS TO RESPOND TO COMPLAINT
91581265.1 0052161-04317

-3-

5:16-CV-07254-HRL