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Murillo v. Cervantes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 27, 2009

JUAN MURILLO AKA JUAN MANUEL MURILLO; MARIA MURILLO AKA MARIA JUDITH MURILLO; MARTHA JIMENEZ; AMALIA RIOS AKA AMALIA GALVAN RIOS; ALL PLAINTIFFS AND DEFENDANTS AND MARIA MUÑOZ, FIRST FEDERAL MORTGAGE BANKERS, INC., RAM CAPITAL CORP. DBA CITYWIDE PROPERTIES, BOBBY RAY LEE, FRANCISCO CERVANTES, TERESA DIAZ'S PLAINTIFFS,
v.
FRANCISCO CERVANTES; TERESA DIAZ; BOBBY RAY LEE; FIRST FEDERAL MORTGAGE BANKERS, INC. DBA CITYWIDE PROPERTIES DBA CITYWIDE HOME LOANS DBA RAM CAPITAL CORP.; HAROLD BLANCO; EAGLE LITERACY GROUP, INC.; NEW CENTURY MORTGAGE CORP.; WELLS FARGO BANK, NA.; CHASE HOME FINANCE, LLC, OCWEN LOAN SERVICING, LLC AND DOES 1-100, DEFENDANTS.

The opinion of the court was delivered by: Honorable Maria Elena James United States District Court Magistrate Judge

JOINT STIPULATION SEEKING RELIEF FROM AMENDED CASE MANAGEMENT ORDER FILED 10/30/08; [PROPOSED] ORDER

Seeking Relief from the Amended Case Management Order issued by the Court on October 30, 2008 and submit an accompanying [Proposed] Amended Case Management Order requesting that the Court adopt this newly proposed Amended Case Management Order in this action inclusive of all revised timelines listed therein for GOOD CAUSE per the reasons stated herein.

("Plaintiffs") as represented by attorney Heidi M. Li and Matthew J. Webb of The Law Offices of specifically:

The signatories below, who are parties to the above-entitled action, submit this Joint Stipulation The parties to this action and their attorneys of record who are the signatories below are Plaintiffs Juan Murillo, Maria Murillo, Martha Jimenez, Amalia Rios and Maria Muñoz Matthew J. Webb; and defendants Bobby Ray Lee, RAM Capital Corporation dba Citywide Properties, Francisco Cervantes, and Teresa Diaz as represented by attorneys B. Edward McCutchan, Jr. and Scott R. Comerford of Sunderland & McCutchan, LLP and defendant First Federal Mortgage Bankers, Inc. dba Citywide Home Loans as represented by attorneys L. Jay Pedersen and Jeffry Vi Ta of Bledsoe, Cathcart, et al., LLP. Collectively, the foregoing parties are referred to herein-below as "The Parties."

WHEREAS since March of 2008, the Parties have been engaged in active discovery in this proceeding but, to date, have not yet completed yet all needed discovery in this action including propounding and responding to all written discovery, designating experts, and the taking of depositions of the parties including experts. based on its review and, subsequent, approval of much of a [Proposed] Amended Case Management

WHEREAS, on October 30, 2008, this Court issued an Amended Case Management Order

Order which was submitted by stipulation of the parties and their counsel and filed in this proceeding previously on January 8, 2008.

WHEREAS, on or after May 16, 2008, Defendant First Federal Mortgage Bankers, Inc. filed a Substitution of Attorneys with this Court substituting attorneys L. Jay Pedersen and Jeffry Vi Ta of Bledsoe, Cathcart, et al., LLP, as their attorney of record effective in place of and instead of B. Edward

WHEREAS, effective as of April and May of 2008, Plaintiffs resolved through confidential settlement their respective claims with defendants Chase Home Finance ("Chase"), Ocwen Loan Servicing, LLC ("Ocwen") and Wells Fargo Bank, NA ("Wells") and sought, at such time, to voluntarily dismiss with prejudice these said defendants from this proceeding; McCutchan, Jr. and Scott R. Comerford of Sunderland & McCutchan, LLP, in this action;

WHEREAS, since the court's issuance of its October 30, 2008 Amended Case Management Order, The Parties have not yet attended a Settlement Conference after being referred under this Order and a related subsequent order to Magistrate Judge James Larson for this purpose.

WHEREAS, The Parties were scheduled to attend a settlement conference hearing before the Honorable Judge Larson on April 15, 2009. However, due to scheduling conflicts and the unavailability of certain counsel and also named parties in this proceeding have now rescheduled this hearing for August 11, 2009.

WHEREAS, the Parties through their respective counsel would like to proceed forward, at this time, with further needed discovery in this action and to engage also in good faith settlement negotiations at the upcoming settlement conference hearing now set for August 11, 2009 before fully completing all such discovery.

WHEREAS, for the reasons stated above, such relief from the current October 30, 2008, Amended Case Management Order is necessary currently in order to allow plaintiffs and all remaining defendants who have appeared in this proceeding full and fair opportunity to jointly comply with ADR, and other joint Case Management Order filing requirements; and

WHEREAS, Good cause exists based on the reasons stated herein-above to approve this Stipulation.

Dated: April 17, 2009

THE LAW OFFICES OF MATTHEW J. WEBB Respectfully Submitted, Heidi Li Attorneys for all Plaintiffs

Dated: April 20, 2009

SUNDERLAND & McCUTCHAN Scott Comerford Attorneys for Defendants: BOBBY RAY LEE; RAM CAPITAL CORP. dba CITYWIDE PROPERTIES, FRANCISCO CERVANTES and TERESA DIAZ

Dated: April 20, 2009

BLEDSOE, CATHCART, ET AL., TREPPA LLP Attorneys for Defendant FIRST FEDERAL MORTGAGE BANKERS, INC. dba CITYWIDE HOME LOANS L. Jay Pedersen, Esq holograph signatures for any and all signatures indicated by a "conformed" signature (/S/) within this efiled document.

Dated: April 20, 2009

THE LAW OFFICES OF MATTHEW J. WEBB

SIGNATURE ATTESTATION

As the attorney efiling this document with the court, I hereby attest that I have on file all Heidi Li Attorneys for Plaintiffs

ORDER

The Court has reviewed the plaintiffs and defendants Bobby Ray Lee, RAM Capital Corporation dba Citywide Properties, Francisco Cervantes, and Teresa Diaz and First Federal Mortgage Bankers, Inc.'s Stipulation Seeking Relief from the court's current Amended Case Management Order filed on October 30, 2009; and [Proposed] Amended Case Management Order and based upon the foregoing, and GOOD CAUSE APPEARING, defendants be granted relief from the court's current October 30, 2008 Amended Case Management Order and the court shall heretofore issue a new Amended Case Management Order in this proceeding.

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the plaintiffs and IT IS SO ORDERED this 27th day of April, 2009.

20090427

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