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Christopher Bogosian and Sarah Bogosian v. Citimortgage

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 24, 2011

CHRISTOPHER BOGOSIAN AND SARAH BOGOSIAN, PLAINTIFFS,
v.
CITIMORTGAGE, INC. AS MORTGAGE SERVICER; CR TITLE SERVICES, INC. AS
FORECLOSURE "TRUSTEE"; SHELLEY BOEK; PAM JANUARY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS "NOMINEE" UNDER THE DEED OF TRUST;
FEDERAL NATIONAL MORTGAGE ASSOCIATION; FLAGSTAR BANK, FSB AS "LENDER" UNDER THE PROMISSORY NOTE AND DEED OF TRUST; JOAN H. ANDERSON AS "TRUSTEE" UNDER THE DEED OF TRUST; FIRST AMERICAN TITLE INSURANCE CO.' AND DOES 1
THROUGH 100 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Magistrate Howard R. Lloyd

KEKER & VAN NEST LLP RACHAEL E. MENY - #178514 2 CHRISTOPHER J. YOUNG - #239518 710 Sansome Street 3 San Francisco, CA 94111-1704 Telephone: (415) 391-5400 4 Facsimile: (415) 397-7188 rmeny@kvn.com 5 cyoung@kvn.com 6 Attorneys for Defendants FLAGSTAR BANK, FSB

Date: May 13, 2011

Date Removed: April 26, 2011

Trial Date: None Set

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FLAGSTAR BANK, FSB, TO FILE RESPONSIVE PLEADING

The parties, by and through their respective undersigned counsel, stipulate as follows:

WHEREAS, on April 25, 2011, Defendant, FLAGSTAR BANK, FSB ("Flagstar") as served with Plaintiffs' California state court Complaint and Plaintiffs' pleadings in support of its 27 ex parte request for a Temporary Restraining Order and its further request for a Preliminary Injunction;

WHEREAS, under California state law, Flagstar's response or Answer was therefore due to be filed on May 25, 2011;

WHEREAS, co-defendants Citimortgage, Inc., and CR Title Services, Inc., filed a Notice of Removal on April 26, 2011, seeking to remove the above-captioned matter from Santa Clara County Superior Court to this Court;

WHEREAS, Flagstar was neither formally joined in the removal of this matter, nor served with written notice of the removal;

WHEREAS, Flagstar has yet to be formally served with the removal papers regarding this matter;

WHEREAS, Plaintiffs and Flagstar have agreed that Flagstar's response deadline can be extended by 30 days beyond the original California state court deadline to June 24, 2011;

WHEREAS, Flagstar currently maintains no beneficial interest in the note referenced in Plaintiffs' state court Complaint;

WHEREAS, Flagstar currently maintains no beneficial interest in the deed of trust referenced in Plaintiffs' state court Complaint;

WHEREAS, Flagstar is not participating in, and will not receive any benefit from, any foreclosure proceeding regarding the Plaintiffs' property located at 515 N. 18th Street, San Jose, CA 95112;

WHEREAS, good cause for this extension exists because the parties need additional time to sort out certain factual allegations against Flagstar in the Complaint;

WHEREAS, the parties agree that this extension does not waive or diminish the rights of Flagstar to raise any argument in response to the complaint;

THE PARTIES JOINTLY STIPULATE AND REQUEST that the time for Flagstar to answer or otherwise respond to Plaintiffs' Complaint be extended from May 25, 2011 to and 3 including June 24, 2011.

Respectfully submitted,

Filer's Attestation: Pursuant to General Order NO. 45,

Section X.B. regarding non-filing signatories, Chris J. Young hereby attests that concurrence in the filing of this joint stipulation has been obtained by Matthew Bogosian. answer or otherwise respond to Plaintiffs' Complaint is extended from May 25, 2011 to and 22 including June 24, 2011. Dated: _______________, 2011

GOOD CAUSE APPEARING, IT IS SO ORDERED. Defendant Flagstar Bank's time to May 24,

HON. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE DISTRICT

EDWARD J. DAVILA

20110524

© 1992-2011 VersusLaw Inc.



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