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Rubio v. Aurora Loan Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 15, 2009

CARLOS RUBIO, AN INDIVIDUAL, MARTA RUBIO, AN INDIVIDUAL, HON. GARLAND E. BURRELL, JR. PLAINTIFFS,
v.
AURORA LOAN SERVICES, LLC, ET AL., DEFENDANTS.

STIPULATION FOR EXTENSION OF TIME FOR AURORA LOAN SERVICES LLC TO RESPOND TO COMPLAINT; ORDER

Complaint Filed: May 13, 2009

Trial Date: None

TO THE COURT AND THE PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that plaintiffs Carlos Rubio and Marta Rubio (plaintiffs) and defendant Aurora Loan Services LLC (Aurora) stipulate as follows: WHEREAS, plaintiffs filed their complaint on May 13, 2009; WHEREAS, plaintiff served Aurora with the complaint on May 20, 2009; WHEREAS, Aurora has not yet appeared in this action;

WHEREAS, a piece of real property which is the subject of this action, located at 102 Crestwood Lane in American Canyon, California (the property), has been sold at a trustee's sale, the validity of which plaintiffs challenge in this action;

WHEREAS, plaintiffs intend to file a first amended complaint within the time allowed them by the Court's Order dated September 1, 2009;

WHEREAS, Aurora is willing to forbear taking any action to evict plaintiffs from the property until conclusion of this litigation between Aurora and the plaintiffs in the District Court concerning this case;

THEREFORE, the parties request that this Court order that Aurora be excused from responding to the complaint dated May 13, 2009, but that Aurora be required to respond to the plaintiffs' forthcoming amended complaint within the time allowed under Fed. R. Civ. P. 15(a)(3), and that Aurora forbear from evicting plaintiffs before proceedings in this District Court conclude.

SO STIPULATED.

Dated: September 15, 2009

ORDER

The parties' above-stipulation provides that Aurora Loan Services LLC shall answer or otherwise respond to the first amended complaint as required under Fed. R. Civ. P. 15(a)(3) and shall forbear from taking action to evict the plaintiffs from the property at 102 Crestwood Lane in American Canyon, California, during the pendency of this action in this District Court.

IT IS SO ORDERED.

20090915

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