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Cabriales v. Aurora Loan Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 11, 2010

VICTOR CABRIALES, CLAUDIA V. CABRIALES, PLAINTIFF,
v.
AURORA LOAN SERVICES, LLC; LOAN SERVICE CORPORATION; DOES THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: James Maria-Elena Judge

FIRST STIPULATION TO CONTINUE HEARING DATE ON MOTION TO REMAND AND FOR EXTENSION OF DEFENDANT AURORA LOAN QUALITY SERVICES LLC'S TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT TO THE COURT, TO PLAINTIFFS AND THE PARTIES AND THEIR COUNSEL OF RECORD: [Local Rule 6-1] Hon. Maria-Elena James Complaint Filed: December 3, 2009 Trial Date: None

WHEREAS, Defendant Aurora Loan Services LLC (Aurora), filed a Notice of Removal in this action on January 13, 2010;

WHEREAS, plaintiffs filed a motion to remand the case four days later on January 17, 2010,

WHEREAS, the parties have been in settlement negotiations since that time;

WHEREAS, in an effort to settle this matter and save the parties the time and costs in further pursuing this litigation, the parties stipulate to continue the hearing date for plaintiffs' motion to remand by two weeks, assuming the Court's calendar permits;

WHEREAS, Aurora has agreed to postpone the foreclosure sale on plaintiffs' property, currently set for March 12, 2010, by two weeks;

NOW THEREFORE, pursuant to Local Rule 6-1, the parties hereby stipulate and agree that the hearing on plaintiffs' motion to remand will take place on March 11, 2010, at 10 a.m. in Courtroom B of this Court, located at 450 Golden Gate Avenue, 15th Floor, in San Francisco, California, 94102. In addition, the parties stipulate the foreclosure sale on plaintiffs' property shall not occur before March 26, 2010.

IT IS SO STIPULATED.

IT IS SO ORDERED

PROOF OF SERVICE BY E-MAIL OR ELECTRONIC TRANSMISSION STATE OF COLORADO, CITY AND COUNTY OF DENVER

I am employed in the City and County of Denver, State of Colorado I am over the age of 18 years and not a party to this action. My business address is 511 Sixteenth Street, Suite 420, Denver, Colorado.

On February 9, 2010, I served the following document(s) described as:

Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below:

I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.

 (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.  (Federal) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

20100211

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