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Jones v. Premier One Funding

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 15, 2010

JOHN W. JONES AND VIOLA E. JONES, PLAINTIFFS,
v.
PREMIER ONE FUNDING, INC., GREENPOINT MORTGAGE FUNDING, INC., GMAC, BANK OF AMERICA, DEFENDANTS.

The opinion of the court was delivered by: Judge Hon. Samuel Conti

STIPULATED REQUEST FOR ORDER CONTINUING PRETRIAL DEADLINES AND TRIAL DATE; [PROPOSED] ORDER Dept: Courtroom 1, 17th Floor Trial Date: February 22, 2011

AND RELATED CROSS-ACTIONS

Plaintiffs John W. Jones and Viola E. Jones ("Plaintiffs") and Defendant GreenPoint Mortgage Funding, Inc. ("GPM") by and through their respective counsel of record hereby stipulate and jointly request that the Court continue by four months all deadlines set forth in the Status Conference Order (Document #50) (the "Scheduling Order").

RECITALS

1. On March 10, 2010, the Court entered an order granting the Motions to Dismiss filed by defendants Bank of America, N.A. and GMAC Mortgage, LLC (Document #43).

Defendant Premier One Funding, Inc. settled with Plaintiffs prior to this matter being removed to Federal Court. As a result GPM is the sole remaining defendant.

2. On May 7, 2010, the Court issued the Scheduling Order (Document #50) setting forth the following deadlines:

a. All discovery shall be completed and all depositions taken by November 10, 2010.

b. All dispositive motions to be filed by December 3, 2010

c. Pre-Trial conference is set for February 18, 2011

d. Trial is set for February 22, 2011.

3. On September 6, 2010, Plaintiff filed a Notice of Death of Plaintiff John W. Jones as Document #54.

4. In consideration of the death of Plaintiff John W. Jones, the parties have agreed to continue the trial and all related deadlines for a period of four months. This is the first request for a continuance made by the parties. This request for a continuance will not prejudice the parties.

STIPULATION

IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their respective counsel of record, that:

1. The trial date of February 22, 2011 be continued for a period of approximately four months to a date convenient to the Court; and

2. Any and all deadlines that are set by the trial date, including but not limited to discovery cut-off, motion deadlines and the pre-trial conference, are to be extended by the new trial setting.

DATED: October 4, 2010

[PROPOSED] ORDER

IT IS ORDERED THAT the Stipulated Request for Order Continuing Pretrial Deadlines and Trial Date is granted. The deadlines are extended as follows:

1) All discovery shall be completed by _______________, 2011.

2) All dispositive motions shall be filed by ______________, 2011.

3) The final pre-trial conference is set for _______________, 2011, at __:___ a.m./p.m.

4) Jury trial is set for _______________, 2011, at __:___ a.m./p.m.

IT IS SO ORDERED.

Hon. Samuel Conti

20101015

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