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Kurek v. Countrywide Home Loans

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 18, 2010

BEATA KUREK AND CHRISTIAN KUREK, PLAINTIFFS,
v.
COUNTRYWIDE HOME LOANS, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY; ANNA KASIA WODKOWSKA; IZT MORTGAGE, INC. (DBA AMERITECH MORTGAGE) AND DOES 1 THROUGH 30, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Magistrate Judge Bernard Zimmerman United States District Court

STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND RELATED PRETRIAL DATES

This Stipulation is entered into by Plaintiffs BEATA AND CHRISTIAN KUREK ("Plaintiffs") and Defendants COUNTRYWIDE HOME LOANS, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., RECONTRUST COMPANY, N.A., ANNA WODKOWSKA, AND IZT MORTGAGE, INC. (collectively, "Defendants").

WHEREAS, on March 17, 2010, this Court issued an Order Scheduling Jury Trial and Other Matters, which set the following pretrial schedule:

Trial Date: Monday, February 7, 2011

Pretrial Conference: Tuesday, January 18, 2011 at 4:00 p.m.

Last Day to Hear Dispositive Motions: Wednesday, December 15, 2010

Last Day for Expert Discovery: Friday, November 5, 2010

Last Day for Rebuttal Expert Disclosure: Friday, October 29, 2010

Last Day for Expert Disclosure: Friday, October 22, 2010

Close of Non-Expert Discovery: Friday, October 15, 2010

WHEREAS, on April 1, 2010, defendant Anna Wodkowska filed a Motion to Dismiss the First Amended Complaint;

WHEREAS, on May 19, 2010, the Court granted the Motion to Dismiss filed by defendant Anna Wodkowska;

WHEREAS, on June 7, 2010, Plaintiffs filed a Second Amended Complaint;

WHEREAS, on June 11, defendants Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., and ReconTrust Company, N.A., filed a Motion to Dismiss the Second Amended Complaint;

WHEREAS, on June 21, 2010, defendant Anna Wodkowska filed a Motion to Dismiss the Second Amended Complaint;

WHEREAS, on June 30, 2010, defendants Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., and ReconTrust Company, N.A., substituted in new counsel;

WHEREAS, on July 26, 2010, the Court ruled on the motions to dismiss filed by defendants Anna Wodkowska, Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., 28 and ReconTrust Company, N.A.;

WHEREAS, the parties have scheduled mediation for October 20, 2010;

WHEREAS, due to the substitution of counsel, the recent ruling on the motions to dismiss, the necessity of discovery, the continuance of mediation, and the availability of counsel, Plaintiffs and Defendants agree that they need additional time to conduct discovery and prepare for trial;

NOW, THEREFORE, Plaintiffs and Defendants desire and hereby STIPULATE to the following trial date and pretrial schedule:

Trial Date: Monday, June 13, 2011

Pretrial Conference: Tuesday, May 24, 2011 at 4:00 p.m.

Last Day to Hear Dispositive Motions: Wednesday, April 20, 2010

Last Day for Expert Discovery: Friday, March 11, 2011

Last Day for Rebuttal Expert Disclosure: Friday, March 4, 2011

Last Day for Expert Disclosure: Friday, February 25, 2011

Close of Non-Expert Discovery: Friday, February 18, 2010

IT IS SO STIPULATED.

Dated: August 3, 2010

LAW OFFICES OF OXANA V. KOXLOV Oxana V. Kozlov Attorney for Plaintiffs BEATA KUREK and CHRISTIAN KUREK

Dated: August 16, 2010

BRYAN CAVE LLP Stephanie A. Blazewicz Attorneys for Defendants BAC HOME LOANS SERVICING, L.P. (erroneously sued as COUNTRYWIDE HOME LOANS, INC.); MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY, N.A.

Dated: August 3, 2010

ROPERS, MAJESKI, KOHN & BENTLEY Todd J. Wenzel Attorney for Defendant ANNA KASIA WODKOWSKA

Dated: August 9, 2010

CLAPP MORONEY BELLAGAMBA & VUCINICH Joseph W. Strella Attorney for Defendant IZT MORTGAGE, INC. (dba AMERITECH MORTGAGE)

I, Stephanie A. Blazewicz, attest that the content of this document is acceptable to all persons required to sign the document.

Stephanie A. Blazewicz

[PROPOSED] ORDER

Having reviewed the stipulation of Plaintiffs BEATA AND CHRISTIAN KUREK ("Plaintiffs") and Defendants Countrywide Home Loans, Inc., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., RECONTRUST COMPANY, N.A., ANNA WODKOWSKA, and IZT MORTGAGE, INC. (collectively, "Defendants"), and good cause appearing,

IT IS HEREBY ORDERED THAT the February 7, 2011 trial date is continued until June 13, 2011. The pretrial schedule shall be as follows:

Trial Date: Monday, June 13, 2011

Pretrial Conference: Tuesday, May 24, 2011 at 4:00 p.m.

Last Day to Hear Dispositive Motions: Wednesday, April 20, 2010

Last Day for Expert Discovery: Friday, March 11, 2011

Last Day for Rebuttal Expert Disclosure: Friday, March 4, 2011

Last Day for Expert Disclosure: Friday, February 25, 2011

Close of Non-Expert Discovery: Friday, February 18, 2010

IT IS FURTHER ORDERED THAT all other orders and deadlines in this Court's March 17, 2010 Order Scheduling Jury Trial and Other Matters remain in effect.

20100818

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