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Christopher Bogosian and Sarah Bogosian v. Citimortgage

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 ...


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