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Ralston v. Mortgage Investors Group

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 23, 2010

JAY J. RALSTON, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED; PLAINTIFF,
v.
MORTGAGE INVESTORS GROUP, INC., MORTGAGE INVESTORS GROUP, COUNTRYWIDE HOME LOANS, INC., AND DOES 1 -10, DEFENDANTS.

The opinion of the court was delivered by: Honorable Jeremy Fogel

STIPULATION SETTING TIME FOR PLAINTIFF TO FILE A THIR DAMENDED COMPLAINT AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT

This Stipulation is entered into by and among Plaintiff JAY J. RALSTON ("Plaintiff"), and Defendants MORTGAGE INVESTORS GROUP, INC., MORTGAGE INVESTORS GROUP ("MIG"), and COUNTRYWIDE HOME LOANS, INC. (collectively, "Defendants"), as follows:

WHEREAS, this Court issued an order on March 22, 2010, Granting COUNTRYWIDE HOME LOAN INC.'S Motion To Dismiss With Leave To Amend in the above-captioned case;

WHEREAS, Plaintiff and Defendants Agree that Plaintiff shall have through Wednesday April 28, 2010 to file a Third Amended Complaint;

WHEREAS, counsel for MIG and counsel for COUNTRYWIDE requested and Plaintiff's counsel agreed that MIG and COUNTRYWIDE shall have through Tuesday, June 1, 2010 to file a responsive pleading or Motion to Dismiss the Third Amended Complaint;

WHEREAS, no party will be prejudiced by stipulating to this timeline;

WHEREAS, this Stipulation is entered into without prejudice to, or waiver of, any rights or defenses otherwise available to the Parties in this action;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff, by their undersigned counsel, and Defendants, by their undersigned counsel, that Plaintiff shall have through and including April 28, 2010 to file a Third Amended Complaint and that Defendants shall have through and including June 1, 2010 to file a responsive pleading or Motion to Dismiss the Third Amended Complaint in this action.

Dated: April 22, 2010

ANDRUS ANDERSON LLP Jennie Lee Anderson 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: (415) 986-1400 Facsimile: (415) 986-1474 lori@andrusanderson.com jennie@andrusanderson.com

ARBOGAST & BERNS LLP David M. Arbogast, Esq. (SBN 167571) Jeffrey K. Berns (SBN 131351) 6303 Owensmouth Ave, 10th Floor Woodland Hills, CA 91367 Telephone: (818) 961-2000 Facsimile: (818) 936-0232 darbogast@law111.com jberns@law111.com

SMOGER & ASSOCIATES Gerson H. Smoger (SBN 79196) 3175 Monterey Boulevard Oakland, CA 94602-3560 Telephone: (510) 531-4529 Facsimile: (510) 531-4377 Attorneys for Plaintiff and the Proposed Class

PALMER, LOMBARDI & DONOHUE LLP Roland P. Reynolds 888 West 6th Street, 12th Floor Los Angeles, CA 90017 Telephone: (213) 688-0430 Facsimile: (213) 688-0440 rreynolds@pldlawyers.com Attorneys For Defendants Mortgage Investors Group, Inc., and Mortgage Investors Group

GOODWIN PROCTER LLP Brooks R. Brown 10250 Constellation Blvd. Los Angeles, California 90067 Telephone: 310.788.5100 Facsimile: 310.286.0992 bbrown@goodwinprocter.com

GOODWIN PROCTER LLP Robert B. Bader (SBN 233165) Three Embarcadero Center, 24th Floor San Francisco, California 94111 Tel.: 415.733.6000 Fax: 415.677.9041 rbader@goodwinprocter.com Attorneys for Defendant Countrywide Home Loans, Inc

ORDER

PURSUANT TO STIPULATION IT IS SO ORDERED.

20100423

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