Hibbs et al v. Citimortgage

Filing 37

STIPULATION and ORDER signed by Judge John A. Mendez on 2/26/2010 GRANTING 34 Stipulation and Proposed Order; 20 Motion to Strike First Amended Complaint and 18 Motion to Dismiss First Amended Complaint set for 5/5/2010 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 WOLFE & WYMAN LLP Attorneys & Counselors At Law Stuart B. Wolfe (SBN 156471) Joshua M. Bryan (SBN 225230) jmbryan@wolfewyman.com WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 415 Walnut Creek, California 94596-3579 Telephone: (925) 280-0004 Facsimile: (925) 280-0005 Attorneys for Defendant CITIBANK, N.A. (erroneously sued as "CITIMORTGAGE") UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION GARY HIBBS, DIANE HIBBS, Plaintiffs, v. CITIMORTGAGE, MORTGAGE OUTREACH SERVICES, and DOES 1-50, Inclusive, Defendants. Case No.: 2:09-cv-02698-JAM-KJN STIPULATION TO CONTINUE HEARING ON DEFENDANT CITIBANK, N.A.'S MOTION TO DISMISS AND MOTION TO STRIKE; ORDER Date: March 3, 2010 Time: 9:30 a.m. Place: Courtroom 25, 8th Floor Magistrate Judge Kendall J. Newman 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: This Stipulation is made pursuant to Local Rule 6-144 and is made by and between Plaintiffs GARY HIBBS and DIANE HIBBS (Plaintiffs") and Defendant CITIBANK, N.A. ("Defendant"). Plaintiffs and Defendant, by and through their respective counsel of record herein, agree and stipulate as follows: A hearing on Defendant's Motion to Dismiss and Motion to Strike the First Amended Complaint of Plaintiff's is currently scheduled for March 3, 2010 at 9:30 a.m. before Magistrate Judge Kendall J. Newman in Courtroom 25, 8th Floor of the United States District Court-Eastern, Sacramento Division. PDF created with pdfFactory trial version www.pdffactory.com C:\Documents and Settings\HVine\Desktop\09cv2698.o.22610.doc STIPULATION TO CONTINUE HEARING DATE & [PROPOSED] ORDER 1 1 2 3 4 5 6 7 8 9 10 11 WOLFE & WYMAN LLP Attorneys & Counselors At Law Whereas, Plaintiffs and Defendant wish to continue the hearing for a period of four (4) weeks or to a later date that is convenient to the Court. DATED: February 24, 2010 WOLFE & WYMAN LLP By: /s/ Joshua M. Bryan (SBN 225230) STUART B. WOLFE JOSHUA M. BRYAN Attorneys for Defendant CITIBANK, N.A. DATED: February 24, 2010 LAW OFFICES OF JONATHAN D. STEIN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C:\Documents and Settings\HVine\Desktop\09cv2698.o.22610.doc By: /s/ Jonathan D. Stein (SBN 224609) JONATHAN D. STEIN Attorneys for Plaintiffs Gary Hibbs and Diane Hibbs ORDER ON STIPULATION The Court, having reviewed the stipulation of the parties, and good cause appearing therefore, ORDERS that the hearing on the Motion to Dismiss and Motion to Strike the First Amended Complaint shall be continued to May 5, 2010 at 9:30 a.m. in Courtroom #6. IT IS SO ORDERED. Dated: February 26, 2010 /s/ John A. Mendez________________ UNITED STATES DISTRICT JUDGE STIPULATION TO CONTINUE HEARING DATE & [PROPOSED] ORDER 2 PDF created with pdfFactory trial version www.pdffactory.com

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