House v. Cal State Mortgage Company Inc et al

Filing 102

STIPULATION and ORDER for Exension of time to Respond to Complaint in Related Case, signed by Judge Oliver W. Wanger on 5/10/2010. (Kusamura, W) Modified on 5/10/2010 (Kusamura, W).

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOWNEY BRAND LLP KEVIN SEIBERT (Bar No. 119356) ANNIE S. AMARAL (Bar No. 238189) 621 Capitol Mall, Eighteenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 kseibert@downeybrand.com aamaral@downeybrand.com Attorneys for Defendants CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, a California Corporation; CAL STATE GROWTH FUND, a California Corporation; ALEXANDER GOMEZ, ROXANNA SEWARD, and LEONETTE BELLING UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY, Plaintiff, v. CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, INC., a California corporation; CAL STATE GROWTH FUND, a California corporation, ALEXANDER GOMEZ; ROXANNA SEWARD; LEONETTE BELLING; BENJAMIN CAPITAL, INC., a California corporation; MURPHY SABATINO; MILTON MCLAURIN; LARRY MENTON; and JOAN HOUSE, a necessary party. Defendants. 1:08-CV-1880-OWW-GSA Related Case Number: 1:09-cv-2134 LJO SMS STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT IN RELATED CASE Pursuant to Local Rule 144(a), it is HEREBY STIPULATED by and between Josephine House, by her guardian ad litem, Public Guardian of Stanislaus County ("House") on the one hand, and Defendants Cal State Growth Fund ("CSGF"), Roxanna Seward ("Seward"), and 1 STIPULATION AND PROPOSED ORDER Leonette Belling ("Belling") on the other hand, by and through their respective counsel, as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER 1 follows: RECITALS WHEREAS, Plaintiff commenced an action against CSGF, Seward, Belling, and others, on December 7, 2009, by filing a Complaint in the above-captioned Court, case no. 1:09-cv-2134 LJO SMS (the "09 Action"); WHEREAS, Plaintiff served CSGF and Seward with the 09 Action by mail on March 2, 2010, which form of service CSGF and Seward agreed to accept; WHEREAS, Plaintiff personally served Belling with the 09 Action on April 2, 2010; WHEREAS, Plaintiff and CSGF and Seward previously stipulated that CSGF and Seward's deadline for responding to the 09 Action would be April 22, 2010; WHEREAS, Belling's deadline for responding to the 09 Action is May 10, 2010; and WHEREAS, Plaintiff, CSGF, Seward, and Belling are discussing the possibility of settlement and will attend a formal settlement conference in May 2010. STIPULATION NOW THEREFORE, in consideration of the foregoing recitals, and in an effort to foster discussions regarding settlement of the 09 Action and the lead case set forth in the caption above (case number 08-cv-1880-OWW-GSA), Plaintiff, together with CSGF, Seward, and Belling agree that CSGF, Seward and Belling's deadline for filing their responsive pleading in the 09 Action shall be May 24, 2010. This is the second stipulation regarding the timing for Belling to respond to the 09 Action. It is the third stipulation extending CSGF and Seward's time to respond to the Complaint in the 09 Action. DATED: May 10, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEAC_Signature-END: DOWNEY BRAND LLP 1 By: /s/ Annie S. Amaral ANNIE S. AMARAL Attorney for Defendants CAL STATE GROWTH FUND; CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, a California Corporation; ALEXANDER GOMEZ; ROXANNA SEWARD; and LEONETTE BELLING DATED: May 10 , 2010 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. By: /s/ Katherine Hogan KATHERINE HOGAN Attorney for Plaintiff JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY IT IS SO ORDERED. Dated: May 10, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE emm0d64h 3 STIPULATION AND ORDER

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