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Henrietta J. Monday, An Individual v. Saxon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


June 4, 2011

HENRIETTA J. MONDAY, AN INDIVIDUAL, PLAINTIFF,
v.
SAXON MORTGAGE SERVICES, INC, A TEXAS CORPORATION; OCWEN LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY CORPORATION; U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF ABFC 2007-WMC1 TRUST ASSET BACKED FUNDING CORPORATION ASSET BACKED CERTIFICATE, SERIES 2007-WMC1, AN OHIO BUSINESS ENTITY; T.D. SERVICE COMPANY, A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

SECOND STIPULATION MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER AND ORDER THEREON TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

In pursuit of potential informal resolution, Plaintiff HENRIETTA J. MONDAY (hereinafter "Plaintiff"), defendant SAXON MORTGAGE SERVICES, INC. (hereinafter "Saxon"), and defendants OCWEN LOAN SERVICING LLC ("Ocwen") and U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1 ("U.S. Bank"), which are the only participating parties, agree and stipulate, by and through their respective counsel of record herein that the deadlines in sections IV and V of the Court's Status (Pretrial Scheduling) Order should be modified as follows:

IV. DISCOVERY

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by June 30, 2011. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than June 30, 2011.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before August 15, 2011. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.

IT IS SO STIPULATED.

DATED: May 24, 2011

FRANSEN & MOLINARO, LLP By: /s/ Paul J. Molinaro NATHAN FRANSEN PAUL J. MOLINARO Attorneys for Plaintiff HENRIETTA J. MONDAY DATED: May 24, 2011 WOLFE & WYMAN LLP By: /s/ Joshua M. Bryan STUART B. WOLFE JOSHUA M. BRYAN Attorneys for Defendant SAXON MORTGAGE SERVICES, INC. SECOND STIPULATION MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER DATED: June 2, 2011 HOUSER & ALLISON By: /s/ Kevin R. Broersma ERIC D. HOUSER KEVIN R. BROERSMA Attorneys for Defendants OCWEN LOAN SERVICING LLC and U.S. BANK NATIONAL ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMC1* * * * * * *

The Court having reviewed the stipulation of the parties, and good cause appearing therefore, ORDERS that the deadlines in sections IV and V of the Court's Status (Pretrial Scheduling) Order should be modified as stated above.

IT IS SO ORDERED.

20110604

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