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Bank of America, N.A., As Successor By Merger To Lasalle Bank National Association, As Trustee For the Merrill Lynch v. Nikolay Yakimenko

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


April 19, 2011

BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H-1 AND AS TRUSTEE FOR THE MERRILL LYNCH
FIRST FRANKLIN MORTGAGE LOAN TRUST, SERIES 2007-A MORTGAGE LOAN ASSET-BACKED CERTIFICATES. PLAINTIFF,
v.
NIKOLAY YAKIMENKO, AN INDIVIDUAL; JANETA ASLANYAN, AN INDIVIDUAL; FIRST AMERICAN TITLE INSURANCE CO., A CALIFORNIA CORPORATION; GMAC MORTGAGE, LLC, A DELAWARE CORPORATION; AND DOES 1 THROUGH 200, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

Stuart B. Wolfe (SBN 156471) Alice M. Dostalova (SBN 244513) amdostalova@wolfewyman.com WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 645 Walnut Creek, California 94596-3579 Telephone: (925) 280-0004 Facsimile: (925) 280-0005 Attorneys for Plaintiff BANK OF AMERICA, N.A., as successor by merger to La Salle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates

STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates ("BOA"), Defendant GMAC MORTGAGE, LLC ("GMAC"), and Defendant DOE 1, UNITED STATES OF AMERICA ("US"), by and through their respective counsel of record herein. The parties stipulate and hereby seek the Court to continue all pre-trial dates currently set forth in the Scheduling Order based on good cause and agreement of the parties.

WHEREAS, BOA, GMAC and US are currently the only active, non-defaulted, parties in the action; and

WHEREAS, GMAC has only recently appeared in the action; and WHEREAS, GMAC has only recently obtained counsel to represent it in this action; and WHEREAS, BOA, GMAC and US are currently seeking to resolve this matter without further Court intervention; and

WHEREAS, the Trial Date of February 13, 2012 as currently set forth in the Scheduling Order, will remain the same; and

WHEREAS, no previous stipulation and request for a modification of the scheduling order or request for continuance of a trial date has been made; and

WHEREAS, the stipulation and request will not prejudice the parties;

NOW THEREFORE, good cause exists to modify the Scheduling Order relating to all pre-trial dates, except the trial date, as follows:

Discovery Cut-Off Deadline ...................................September 16, 2011

(Old Date: April 13, 2011)

Expert Witness Disclosure ......................................November 4, 2011

(Old Date: June 13, 2011)

Dispositive Motion Filing Deadline........................October 10, 2011

(Old Date: June 16, 2011)

Opposition Filing Deadline .........................October 31, 2011

(Old Date: July 7, 2011)

Reply Filing Deadline .................................November 14, 2011

(Old Date: July 21, 2011)

Hearing on Dispositive Motion ..................November 24, 2011 at 2:00 p.m.

(Old Date: August 11, 2011)

Pre-Trial Conference ...............................................January 19, 2012 at 2:00 p.m.

(Old Date: December 15, 2011)

Statement Filing Deadline...........................December 28, 2011

(Old Date: November 23, 2011)

Trial Brief Filing Deadline......................................January 5, 2012

(Old Date: December 1, 2011)

Evidentiary and Procedural Motions Deadline .......December 28, 2011

(Old Date: November 23, 2011)

Opposition Filing Deadline .........................January 5, 2012

(Old Date: December 1, 2011)

Reply Filing Deadline .................................January 12, 2012

(Old Date: December 8, 2011)

NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the foregoing modification.

ORDER

Having reviewed the foregoing stipulation, the Court finds that good cause has been shown for modification of the Court's Pretrial Scheduling Order under the circumstances. Because the timing of the proposed continued dates are not workable within the confines of the currently scheduled Final Pretrial Conference and trial date, however, the trial in this matter will be continued to July 2, 2012. The remaining dates will be scheduled in conjunction with that new trial date and will be set forth within a comprehensive Amended Pretrial Scheduling Order to be issued by the Court shortly.

IT IS SO ORDERED.

20110419

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