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Taylor, Bean & Whitaker Mortgage Corp. v. Triduanum Financial

UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


May 20, 2009

TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFFS,
v.
TRIDUANUM FINANCIAL, INC.; JOHNNY E. GRIVETTE, JR, ET AL, DEFENDANTS.

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

[PER LOCAL RULE 6-144(a)]

WHEREAS, plaintiff Taylor, Bean & Whitaker Mortgage Corporation ("Plaintiff") filed this action on April 8, 2009;

WHEREAS, on or about April 13, 2009, Plaintiff served the summons and complaint on the agent for service of process of defendant Triduanum Financial, Inc. ("Defendant");

WHEREAS, the deadline for Defendant to file a responsive pleading was May 4, 2009;

WHEREAS, the parties, by and through their respective counsel of record, have agreed to extend the time within which Defendant may respond to the Complaint; and

WHEREAS, by entering into this stipulation, Defendant is not waiving any defenses or jurisdictional challenges that may be available to it;

The parties, in accordance with and subject to U.S. Eastern District Local Rule, Local Rule 6-144(a), hereby stipulate and agree as follows:

(1) that Triduanum Financial, Inc., shall have until close of business on June 3, 2009, to respond to Plaintiff's Complaint, and

(2) that Taylor, Bean & Whitaker Mortgage Corporation, shall not seek or otherwise attempt to obtain default, entry of default or default judgment against Defendant, if at all, until 13 after June 3, 2009. 14 15

IT IS SO STIPULATED.

Dated: May 15, 2009

TROUTMAN SANDERS, LLP PAUL L. GALE Attorneys for Plaintiff Taylor, Bean & Whitaker Mortgage Corporation

Dated: May 18, 2009

DILLINGHAM & MURPHY, LLP Rodrigo E. Salas Attorneys for Defendant Triduanum Financial, Inc.

SIGNATURE ATTESTATION

I, Rodrigo E. Salas, counsel of record for defendant Triduanum Financial, Inc., hereby attest that I have obtained written permission from each counsel of record herein to submit the instant Stipulation using the "conformed" signatures (/s/) within this e-filed document.

Dated: May 18, 2009

DILLINGHAM & MURPHY, LLP Rodrigo E. Salas

Pursuant to the above stipulation of the parties and good cause appearing therefore,

IT IS SO ORDERED.

20090520

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