House v. Cal State Mortgage Company Inc et al
Filing
104
STIPULATION and ORDER To Treat Answer To Third Amended Complaint As Responsive Pleading In Related Case, signed by Judge Oliver W. Wanger on 5/26/2010. (Gaumnitz, R)
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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
10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 Plaintiff, 15 v. 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ///
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JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY,
1:08-CV-1880-OWW-GSA Related Case Number: 1:09-CV-2134 LJO SMS STIPULATION AND ORDER TO TREAT ANSWER TO THIRD AMENDED COMPLAINT AS RESPONSIVE PLEADING IN RELATED CASE
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.
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STIPULATION AND PROPOSED ORDER
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Leonette Belling ("Belling"), on the other hand, by and through their respective counsel, as follows: RECITALS WHEREAS, Plaintiff commenced an action against CSGF, Seward, 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 filed a motion for leave to amend and filed a proposed Third Amended Complaint on December 7, 2009, and filed the Third Amended Complaint against CSGF, Seward, Belling and Cal State Mortgage Co., Inc., Cal State Home Loans, and Alexander Gomez (collectively with CSGF and Seward "Cal State"), and others, on February 23, 2010, in the above-captioned Court, Case No. 1:08-CV-1880-OWW-GSA (the "08 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, on March 23, 2010, Cal State filed an Answer to the Third Amended Complaint in the 08 Action; WHEREAS, on April 1, 2010, the Court consolidated the 08 Action and 09 Action and designated the 08 Action as the lead case; WHEREAS, Plaintiff personally served Belling with the 09 Action on April 2, 2010; and WHEREAS, Plaintiff together with CSGF, Seward, and Belling previously stipulated that CSGF, Seward, and Belling's deadline for filing their responsive pleading in the 09 Action would be May 24, 2010. STIPULATION NOW THEREFORE, in consideration of the foregoing recitals, Plaintiff together with CSGF, Seward, and Belling agree that Cal State's Answer to the Third Amended Complaint in /// /// /// ///
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STIPULATION AND ORDER
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the 08 Action, filed on March 23, 2010, shall also be treated as a responsive pleading in the 09 Action on behalf of CSGF, Seward, and Belling. DATED: May 24, 2010 DOWNEY BRAND LLP
By: /s/ Kevin M. Seibert KEVIN M. SEIBERT Attorneys 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 24, 2010 CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
By: /s/ Katherine Hogan KATHERINE HOGAN Attorneys for Plaintiff JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY
IT IS SO ORDERED. Dated:
DEAC_Signature-END:
May 26, 2010
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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STIPULATION AND ORDER
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