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Hafiz v. Indymac Federal Bank

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 8, 2009

MAJIMAN HAFIZ, PLAINTIFF,
v.
INDYMAC FEDERAL BANK, A BUSINESS ENTITY, FORM UNKNOWN; QUALITY LOAN SERVICE CORP., A BUSINESS ENTITY, FORM UNKNOWN; THE MORTGAGE STORE FINANCIAL, INC., A BUSINESS ENTITY, FORM UNKNOWN; AND ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THIS COMPLAINT ADVERSE TO PLAINTIFF'S TITLE THERETO, AND DOES 1 THROUGH 30, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

Complaint Filed: 04/30/2009

STIPULATION AND [PROPOSED] ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANT FEDERAL DEPOSIT INSURANCE CORPORATION'S MOTION TO STAY PROCEEDINGS

Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC FEDERAL BANK ("FDIC"), and Plaintiff Majiman Hafiz, by and through their respective counsel, respectfully request and make the following stipulation:

1. Whereas, defendant FDIC has filed a Motion to Stay Proceedings pursuant to 12 U.S.C. Section 1821(d)(12)(A)(ii) and (B) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA");

2. Whereas, the hearing on defendant's motion is currently set for September 18, 2009 at 9:00 a.m. before the Court;

3. Whereas, if defendant's motion is granted, all proceedings will be stayed for ninety (90) days from the date of the September 18th hearing pursuant to FIRREA;

4. Whereas, the Court's May 22, 2009 order setting Initial Case Management Conference and ADR Deadlines presently requires the parties to meet their respective obligations under Rule 26(f) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") and applicable Local Rules of this Court in preparation for the Court's Initial Case Management Conference currently set for October 23, 2009 at 2:30 p.m.;

5. Whereas, the parties believe it would be in the interests of efficiency and economy to vacate the Initial Case Management Conference to await the outcome of defendant's Motion to Stay Proceedings;

IT IS STIPULATED:

That the parties' obligations under Fed. R. Civ. P. 26(f) and the Local Rules of this Court are postponed pending the resolution of defendant's Motion to Stay Proceedings.

Respectfully submitted,

Dated: August 28, 2009

LIVINGSTON LAW FIRM By: Renée Welze Livingston Jason G. Gong Attorneys for defendant FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC FEDERAL BANK

Dated: August 28, 2009

LAW OFFICES OF MAHESH BAJORIA By: Mahesh Bajoria Attorney for Plaintiff Majiman Hafiz

ORDER

IT IS HEREBY ORDERED that the Initial Case Management Conference currently set for October 23, 2009 is VACATED pending resolution of defendant's Motion to Stay Proceedings.

20090908

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