Alexander v. JPMorgan Chase Bank, N.A. et al, No. 3:2015cv01336 - Document 29 (N.D. Cal. 2015)

Court Description: ORDER GRANTING: 28 STIPULATION WITH PROPOSED ORDER re 5 Initial Case Management Scheduling Order. Case Management Statement due by 12/3/2015. Case Management Conference set for 12/10/2015 10:00 AM. Signed by Judge Maria-Elena James on 11/6/2015. (cdnS, COURT STAFF) (Filed on 11/6/2015)

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Alexander v. JPMorgan Chase Bank, N.A. et al 1 2 3 4 5 6 Doc. 29 McGLINCHEY STAFFORD Brian A. Paino (SBN 251243) Dhruv M. Sharma (SBN 279545) Hassan Elrakabawy (SBN 248146) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: bpaino@mcglinchey.com dsharma@mcglinchey.com helrakabawy@mcglinchey.com 9 Attorneys for Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR14 (erroneously sued as U.S. Bank, N.A.) 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 7 8 12 KAREN ALEXANDER, an individual; Plaintiff, 13 14 15 16 17 v. JPMORGAN CHASE BANK, N A, a business entity, U S Bank N A, a business entity, SELECT PORTFOLIO SERVICING, INC, a business entity, and DOES 1 through 50, inclusive, Defendants. 18 Case No.: 3:15-cv-01336-MEJ Hon. Mag. Judge Maria-Elena James STIPULATION AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Superior Court Case No.: CIV 532673 Action Filed: February 26, 2015 Trial Date: N/A 19 20 21 22 This Stipulation For Further Continuance of Case Management Conference 23 and Related Deadlines (the “Stipulation”) is entered into by and among plaintiff Karen 24 Alexander (“Plaintiff”); defendant JPMorgan Chase Bank, N.A. (“Chase”); and 25 defendants Select Portfolio Servicing, Inc. (“SPS”) and U.S. Bank, N.A., successor 26 trustee to Bank of America, N.A., successor in interest to LaSalle Bank N.A., as 27 Trustee, on behalf of the holders of WAMU Mortgage Pass-Through Certificates, 28 Series 2006-AR14 (erroneously sued as U.S. Bank, N.A.) (“U.S. Bank,” and together 570606.1 1 CASE NO. 3:15-CV-01336-MEJ STIPULATION FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Dockets.Justia.com 1 with Chase and SPS, the “Defendants”), by and through their respective counsel of 2 record. RECITALS 3 A. 4 On February 26, 2015, Plaintiff filed a complaint against Defendants in 5 the San Mateo County Superior Court. The action was subsequently removed to this 6 Court on March 23, 2015. B. 7 On March 23, 2015, the Court entered an Order Setting Initial Case 8 Management Conference and ADR Deadlines [Dkt. No. 5] wherein it set an Initial 9 Case Management Conference in this matter for June 25, 2015. C. 10 On March 27, 2015, the Court issued an Order Referring Case to ADR 11 Unit for Assessment Telephone Conference [Dkt. No. 8] (the “ADR Order”) wherein it 12 referred this case to the Court’s Alternative Dispute Resolution Unit for a telephone 13 conference to assess the case’s suitability for mediation or a settlement conference. D. 14 Pursuant to the ADR Order, on April 23, 2015, Plaintiff and Defendants, 15 through counsel, participated in a teleconference with Robin Siefkin of the Court’s 16 Alternative Dispute Resolution Unit. That meeting was then continued on several 17 occasions by agreement of the parties, most recently to September 10, 2015. E. 18 Prior to the continued conference on September 10, 2015, the parties 19 reached a settlement in principle. Since that time, they reduced their settlement to 20 writing and are in the process of executing the settlement agreement. F. 21 Based on the status of the settlement negotiations between the parties, 22 they agree that a continuance of the Case Management Conference and all related 23 deadlines will lead to a more efficient administration of this case by enabling the 24 parties to conserve resources while finalizing their settlement. 25 /// 26 /// 27 /// 28 /// 2 CASE NO. 3:15-CV-01336-MEJ STIPULATION FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES 570606.1 TERMS 1 2 Pursuant to Civil Local Rule 6-2(a), the parties agree as follows: 3 1. 4 rescheduled for December 10, 2015, at 10:00 a.m. 2. 5 6 The September 3, 2015 Case Management Conference shall be The deadline for the parties to file their Joint Case Management Statement shall be continued to and including December 3, 2015. 3. 7 The deadline under Civil Local Rule 26(f) & ADR Local Rule 3-5 for the 8 parties to meet and confer regarding initial disclosures, early settlement, ADR process 9 selection, and a discovery plan shall be continued to and including November 19, 10 2015. 4. 11 The deadline under Civil Local Rule 16-8(b) and ADR Local Rule 3-5(b) 12 for the filing of the ADR Certification shall be continued to and including November 13 19, 2015. 5. 14 The deadline under Civil Local Rule 16-8(c) and ADR Local Rule 3-5(b) 15 & (c) for the filing of either a Stipulation to ADR Process or Notice of Need for ADR 16 Phone Conference shall be continued to and including November 19, 2015. IT IS SO STIPULATED. 17 [Signatures to Follow] 18 19 20 21 22 23 24 25 26 27 28 3 CASE NO. 3:15-CV-01336-MEJ STIPULATION FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES 570606.1 1 2 Dated: November 5, 2015 McGLINCHEY STAFFORD 3 By: /s/ Brian A. Paino BRIAN A. PAINO Attorneys for Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR14 4 5 6 7 8 9 10 Dated: November 5, 2015 BRYAN CAVE LLP 11 By: /s/ Sharon K. Brown SHARON K. BROWN Attorneys for Defendant JPMORGAN CHASE BANK, N.A. 12 13 14 15 Dated: November 5, 2015 MELLEN LAW FIRM 16 By: /s/ Eunji Cho EUNJI CHO Attorneys for Plaintiff KAREN ALEXANDER 17 18 19 ORDER 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 23 November 6, 2015 Dated: _________________ 24 _________________________________ MARIA-ELENA JAMES United States Magistrate Judge 25 26 27 28 4 CASE NO. 3:15-CV-01336-MEJ STIPULATION FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES 570606.1 1 ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1 2 I, Brian A. Paino, attest that concurrence in the filing of this Stipulation for 3 Further Continuance of Case Management Conference and Other Deadlines has been 4 obtained from the other signatories. I declare under penalty of perjury under the laws 5 of the United States of America that the foregoing is true and correct. 6 Executed this 5th day of November, 2015, at Irvine, California. 7 McGLINCHEY STAFFORD 8 9 /s/ Brian A. Paino BRIAN A. PAINO Attorneys for Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR14 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 CASE NO. 3:15-CV-01336-MEJ STIPULATION FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES 570606.1 PROOF OF SERVICE 1 2 3 STATE OF CALIFORNIA 4 COUNTY OF ORANGE 5 I, Carol Rico, declare: 6 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 18201 Von Karman Ave., Suite 350, Irvme, California 92612. 7 8 9 10 l ss. On November 5, 2015, I served the document(s) described as: STIPULATION AND rPROPOSEDl ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEM:£NT CONFERENCE AND RELATED DEADLINES as follows: D BY MAIL: As follows: n FEDERAL- I der.osited such envelor.e in the U.S. mail at Irvine, california, with postage thereon fully prepaia, 11 12 13 14 15 16 17 BY CMIECF NOTICE OF ELECTRONIC FILING: I caused said document(s) to be served by means of this Court's Electronic transmission of the Notice of Electronic Filmg through the Court's transmission facilities, to the parties and/or counsel who are registered CM/ECF users set forth in the service list obtained from this Court. Pursuant to Electronic Filing Court Order, I hereby certify that the above documents(s) was uploaded to the website and will be posted on the website by the close of the next business day and the webmaster will give e-mail notification to all parties. FEDERAL: I declare that I employed in the office of a member of the State Bar of this Court at whose direction the service was made. 18 19 Executed on November 5, 2015, at Irvine, California. 20 Carol Rico 21 22 23 24 25 26 27 28 537019.1 SERVICE LIST USDC, Northern District Case No. 3:15-cv-01336-MEJ KAREN ALEXANDER v. JPMORGAN CHASE BANK, N.A., et al. File# 104823.0152 1 2 3 4 5 6 Matthew D. Mellen, Esq. Jessica Galletta, Esq. Enuji Cho, Esg._ MELLEN LAW FIRM 411 Borel Avenue, Suite 230 San Mateo, CA 94402 Attorneys for Plaintiff KAREN ALEXANDER Tel: (650) 638-0120 Fax: (650) 638-0125 7 8 9 Sharon K. Brown, Esq. BRYANCAVELLP 120 Broadway, Suite 300 Santa Monica, CA 90401 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 537019.1 Attorney for Defendant JPMORGAN CHASE BANK, N.A. Tel: (31 0) 576-2100 Fax: {31 0) 576-2200

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