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Flores v. GMAC Mortgage

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 4, 2009

JOSE FLORES AND AMY LYNN FLORES PLAINTIFFS,
v.
GMAC MORTGAGE, A WHOLLY OWNED SUBSIDIARY OF GMAC LLC AND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORTGAGEIT TRUST 2006 DEFENDANTS.

The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.

STIPULATION TO CONTINUE INITIAL STATUS CONFERENCE AND ASSOCIATED DEADLINES; ORDER

WHEREAS, on June 10, 2009, Defendants GMAC Mortgage, LLC and Deutsche Bank National Trust Company, as Trustee for MortgageIT 2006 (collectively "Defendants") executed Waivers of the Service of Summons in accordance with FED R. CIV. P. 4(d) and delivered them to Plaintiffs' counsel; and

WHEREAS, in accordance with FED R. CIV. P. 4(d), Defendants' deadline to respond to the First Amended Complaint in this matter is August 10, 2009; and

WHEREAS, Defendants intend to file one more motions to dismiss the Complaint in its entirety on or before the August 10 deadline; and

WHEREAS, on May 4, 2009, the Court entered an Order setting this matter for an initial status (pretrial scheduling) conference also on August 10, 2009 at 9:00 a.m.; and

WHEREAS, in accordance with the Court's May 4 Order and FED. R. CIV. P. 26(f), the parties were required to and did meet and confer regarding a proposed discovery plan at least twenty-one (21) days prior to the initial status; and

WHEREAS, the parties believe that it is in the best interests if the Court and the parties to determine what, if any, claims against Defendants will proceed prior to conducting an initial status conference and setting associated deadlines for discovery, etc.; and

WHEREAS, the Parties have not previously requested an extension of the initial status conference;

NOW THEREFORE, in light of the foregoing, the undersigned parties, through their counsel of record, HEREBY STIPULATE AND AGREE that the initial status conference currently set for August 10, 2009 should be continued for sixty (60) days, to October 12, 2009 at 9:00 a.m., so that the Court may first address Defendants' forthcoming motion to dismiss.

Dated: July 21, 2009

LAW OFFICE OF KIMBERLEE A. RODE Kimberlee A. Rode Attorney for Plaintiffs JOSE AND AMY FLORES

LOCKE LORD BISSELL & LIDDELL LLP Thomas J. Cunningham Nina Huerta Attorneys for Defendants GMAC MORTGAGE, LLC and DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORTGAGEIT 2006

[PROPOSED] ORDER

The Court, having considered the foregoing STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND ASSOCIATED DEADLINES, It is hereby ORDERED that that the initial status conference currently set for August 10, 2009 is continued to October 19, 2009 at 9:00 a.m.; the request for hearing for October 12, 2009, as the hearing date is not granted since it is a court holiday.

IT IS SO ORDERED.

Garland E. Burrell, Jr. United States District Judge

20090804

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