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Bank of America, N.A. v. Arkley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION


June 24, 2010

BANK OF AMERICA, N.A., PLAINTIFF,
v.
ROBIN P. ARKLEY, II, A RESIDENT AND CITIZEN OF CALIFORNIA, IN HIS INDIVIDUAL CAPACITY AND IN HIS CAPACITY AS CO-TRUSTEE OF THE ROBIN P. ARKLEY, II AND CHERIE ARKLEY FAMILY TRUST DATED NOVEMBER 2, 1995 AND RESTATED AND/OR AMENDED NOVEMBER 27, 2003, JANUARY 18, 2007 AND SEPTEMBER 26, 2007 (THE "FAMILY TRUST") AND CO-TRUSTEE OF THE ROBIN AND CHERIE ARKLEY REVOCABLE ALGIERS BANCORP STOCK TRUST DATE UNKNOWN (THE "ALGIERS TRUST"), AND CHERIE ARKLEY, A RESIDENT AND CITIZEN OF CALIFORNIA, IN HER CAPACITY AS CO-TRUSTEE OF THE FAMILY TRUST AND HER CAPACITY AS CO-TRUSTEE OF THE ALGIERS TRUST, DEFENDANTS.

The opinion of the court was delivered by: Judge Phyllis J. Hamilton

JOINT STIPULATION AND REQUEST TO AMEND BRIEFING SCHEDULE AND TO MOVE HEARING DATE FOR PLAINTIFF'S APPLICATION FOR WRIT OF ATTACHMENT, TEMPORARY PROTECTIVE ORDER, AND RIGHT TO ATTACH ORDER [PROPOSED ORDER]

Complaint. Filed: March 31, 2010 Trial Date: None

WHEREAS, Plaintiff Bank of America, N.A. ("Plaintiff") and Defendants Robin P. Arkley, II and Cherie Arkley (collectively "Defendants"), are exchanging draft settlement agreements and have substantially completed preparing a final settlement agreement;

WHEREAS, there are documents accompanying the settlement agreement that the parties are still in the process of exchanging and completing;

WHEREAS, the following briefing schedule and case schedule are presently in effect: ● Defendants' time to oppose and to submit exemptions to Plaintiff's Application for Writ of Attachment, Temporary Protective Order, and Right to Attach Order: July 2, 2010 ● Plaintiff's reply to response to Application for Writ of Attachment, Temporary Protective Order, and Right to Attach Order: July 12, 2010; ● Case Management Statement Due: July 22, 2010 ● Last day for Defendants to respond to Plaintiffs' complaint: July 23, 2010; ● Hearing on Plaintiff's Application for Writ of Attachment, Temporary Protective Order, and Right to Attach Order: July 28, 2010; ● Case Management Conference: July 29, 2010.

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate and request that the briefing schedule and case schedule be modified as follows:

● Defendants' time to oppose and to submit exemptions to Plaintiff's Application for Writ of Attachment, Temporary Protective Order, and Right to Attach Order be moved to July 23, 2010; ● Plaintiff's time to reply to Defendants' response be moved to August 2, 2010; ● Last day for Defendants to respond to Plaintiff's Complaint be moved to August 13, 2010; ● The hearing on Plaintiff's Application for Writ of Attachment, Temporary Protective Order, and Right to Attach Order be moved from July 28, 2010 to August 18, 2010, at 9:00 a.m;

The date for the Case Management Conference on July 29, 2010 and the deadline for the Case Management statement, currently July 22, 2010, remain unchanged.

IT IS SO STIPULATED.

DATED: June 23, 2010

REED SMITH LLP By

Mark Tamburri Attorneys for Plaintiff BANK OF AMERICA, N.A.

DATED: June 23, 2010

QUINN EMANUEL URQUHART & SULLIVAN, LLP

Patrick C. Doolittle Attorneys for Defendants ROBIN P. ARKLEY, II and CHERIE ARKLEY

PURSUANT TO STIPULATION, IT IS SO ORDERED

DATED:

By:

U.S.D.J., U.S.D.C.

FILER'S ATTESTATION

I, Patrick Doolittle, am the ECF User whose identification and password are being used to file this JOINT STIPULATION AND REQUEST TO AMEND BRIEFING SCHEDULE AND TO MOVE HEARING DATE FOR PLAINTIFF'S APPLICATION FOR WRIT OF ATTACHMENT, TEMPORARY PROTECTIVE ORDER, AND RIGHT TO ATTACH ORDER ("STIPULATION"). In compliance with General Order 45.X.B., I hereby attest that Mark Tamburri, Counsel of Record for plaintiff Bank of America, has concurred in the filing of this STIPULATION.

DATED: June 23, 2010

QUINN EMANUEL URQUHART & SULLIVAN, LLP By Patrick C. Doolittle

20100624

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