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Flagstar Bank, Fsb, A Federally Chartered v. the Loan Experts Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 17, 2010

FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK,
PLAINTIFF,
v.
THE LOAN EXPERTS CORPORATION, D/B/A/ ALL AMERICAN FINANCE, A DATE COMP. FILED: MICHIGAN: 1/26/2010 CALIFORNIA CORPORATION, HORMOZ NAZARI, USDC/SF: 7/21/2010 AN INDIVIDUAL, ELIZABETH CORTEZ PADILLA, AN INDIVIDUAL, 1350 ESCONDIDO TRIAL DATE: TBA
COASTAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, WESTLAKE COASTAL, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, VCHSALINAS 1, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ALL-STAR APPRAISALS, INC., A CALIFORNIA CORPORATION, JAMES MAY, AN INDIVIDUAL, STEWART TITLE OF CALIFORNIA, A CALIFORNIA CORPORATION,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Charles R. Breyer

STIPULATION AND [PROPOSED] ORDER TO SCHEDULE INITIAL CASE MANAGEMENT CONFERENCE

Plaintiff Flagstar Bank, FSB, and Defendants The Loan Experts Corporation, Hormoz Nazari, and Stewart Title of California (collectively, the "Parties"), hereby stipulate as follows:

WHEREAS the Initial Case Management Conference in the above-titled action was initially set for November 5, 2010;

WHEREAS, on October 15, 2010, the Court vacated the November 5, 2010 Initial Case Management Conference upon granting the motion to dismiss of Defendants 1350 Escondido Coastal, LLC, and Westlake Coastal, LLC ("Coastal Defendants") with leave to amend within 8 thirty (30) days;

WHEREAS, on November 15, 2010, Plaintiff Flagstar Bank, FSB filed a notice of voluntary dismissal of the Coastal Defendants only;

WHEREAS, the Parties agree that an Initial Case Management Conference should be scheduled for January, 2011; 13

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel of record, that the Initial Case Management Conference should be 15 scheduled for January 21, 2011 at 8:30 a.m., and that the case management statement shall be 16 due not less than seven (7) days prior to the conference.

IT IS SO STIPULATED.

Dated: December 14, 2010 KEKER & VAN NEST LLP

By: RACHAEL E. MENY Attorneys for Plaintiff FLAGSTAR BANK, FSB

Dated: December 14, 2010 HORAN LLOYD LAW OFFICES

By: ELIZABETH CATHERINE GIANOLA Attorneys for Defendants THE LOAN EXPERTS CORPORATION and HORMOZ NAZARI

Dated: December 14, 2010 BERLINER COHEN

By: NANCY J. JOHNSON Attorneys for Defendant STEWART TITLE OF CALIFORNIA ATTESTATION PURSUANT TO GENERAL ORDER

I, Rachael E. Meny, am the ECF user whose ID and password are being used to file this

STIPULATION AND [PROPOSED] ORDER TO SCHEDULE INITIAL CASE

MANAGEMENT CONFERENCE. In compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred in this filing: Elizabeth Catherine Gianola, Horan Lloyd Law Offices, Counsel for Defendants and Cross-Claimants The Loan Experts Corporation d/b/a All American Finance and Hormoz Nazari; and, Nancy J. Johnson, Berliner Cohen, Counsel for Defendant and Cross-Defendant Stewart Title of California.

RACHAEL E. MENY

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

The Initial Case Management Conference is scheduled for January, 21, 2011 at 8:30 a.m.

The case management statement shall be due not less than seven (7) days prior to the conference.

T S RI A E CT DIST

T O D C S U

HON. CHARLES R. BREYER E United States District Judge R

T T I N IS SO ORDERED IT U A Breyer N I N R. O Charles R Judge O

R F T I H L 11 E C A RN F DIST ICT O R

20101217

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