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Larry Busch, Karen Busch v. Citimortgage

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


August 29, 2011

LARRY BUSCH, KAREN BUSCH, PLAINTIFFS,
v.
CITIMORTGAGE, INC., AMERICAN HOME MORTGAGE SERVICING, INC., LITTON LOAN SERVICING, L.P., MTGLQ INVESTORS, L.P., WL R/IVZ RESI NPL LLC, INVESTCO, RESI WHOLE LOAN IV LLC, DOES 1 THROUGH 150, ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Edward J. Davila

IT IS SO ORDERED

AS MODIFIED

NATHAN BENJAMIN, SB No. 197859 E nathan@baskingrant.com CALEB SEQUOIA BASKIN, SB No. 226132 N csbaskin@baskingrant.com U BASKIN & GRANT, LLP 331 SOQUEL AVENUE, SUITE 100 N SANTA CRUZ, CALIFORNIA 95062 D N J a R Tel: (831) R Judge wa O O Ed d . av il r 425-8999 F Fax: (831) 425-8853 T A H L I THE LAW OFFICE OF SIMMONS & PURDY E PAMELA D. SIMMONS, SBN 160523 N DIS C O R F C TRI T pamela@pamelaw.com 2425 PORTER STREET, SUITE 10 SOQUEL, CALIFORNIA, 95073-2454 Tel: (831) 464-6884 Fax: (831) 464-6886 Attorneys for Larry Busch and Karen Busch, Plaintiffs

STIPULATION AND [proposed] ORDER FOR FILING OF FIRST AMENDED COMPLAINT Crtrm.: 1, 5TH FLOOR Trial Date: None Set

WHEREAS, this case was originally filed on June 17, 2011 in the Superior Court of the 27 State of California, County of Santa Cruz, and was removed by certain defendants to this Court on 28 June 28, 2011;

WHEREAS, Plaintiffs Larry Busch and Karen Busch ("Plaintiffs") filed a Motion to 2 Remand on July 6, 2011; 3

WHEREAS,on July 12, 2011 Defendant AMERICAN HOME MORTGAGE 4 SERVICING, INC. filed its Motion to Dismiss Plaintiff's Complaint, and on July 15, 2011 5 Defendant CITIMORTGAGE, INC. also filed its Motion to Dismiss. Both Motions were set for 6 hearing on November 4, 2011; 7

WHEREAS, on July 27, 2011, pursuant to the stipulation of the parties, the Court Ordered 8 a modified briefing schedule on the Motions to Dismiss, allowing the Opposition and Reply 9 briefing to take place after the Court heard the Motion to Remand; 10

WHEREAS, on August 17, 2011, the Court denied Plaintiff's Motion to Remand; 11

WHEREAS, Plaintiffs' Oppositions to Defendants' Motions to Dismiss are presently due 12 to be filed on or before September 2, 2011. 13

WHEREAS, Plaintiffs have evaluated the Motions to Dismiss and issues raised therein and 14 determined it to be in the interest of efficiency and economy to amend their Complaint in an effort 15 to address and resolve various of the issues raised in the Motions to Dismiss; 16

WHEREAS, Plaintiffs have sought an agreement from counsel for Defendant AMERICAN 17 HOME MORTGAGE SERVICING, INC. and Defendant CITIMORTGAGE, INC. to stipulate for 18 leave to file a First Amended Complaint. The Parties hereto recognize that the narrowing of issues 19 with respect to the Motions to Dismiss would be mutually beneficial; 20

WHEREAS Defendant AMERICAN HOME MORTGAGE SERVICING, INC. and 21 Defendant CITIMORTGAGE, INC., anticipate that notwithstanding the amendment of the 22 Complaint they will file Motions to Dismiss as to the First Amended Complaint and would prefer 23 to maintain the present November 4, 2011 hearing date for that purpose; 24

IT IS HEREBY STIPULATED by and between the parties hereto, through their 25 respective attorneys of record, that Plaintiffs may file their First Amended Complaint on or before 26 September 16, 2011. 27

IT IS FURTHER STIPULATED that there are presently scheduled Motions to Dismiss 28 as to the initial Complaint, filed by CITIMORTGAGE, INC., and AMERICAN HOME MORTGAGE SERVICING, INC., set for November 4, 2011. CITIMORTGAGE, INC., and 2 AMERICAN HOME MORTGAGE SERVICING, INC. anticipate that they will respectively 3 pursue Motions to Dismiss the First Amended Complaint, and hereby request that the Court hold 4 the November 4, 2011 date available for the anticipated Motions to Dismiss with respect to the 5 First Amended Complaint. 6

IT IS SO ORDERED with the following modification: 22

IT IS SO ORDERED.

In light of the Stipulation, the currently pending Motions to Dismiss [Docket Item Nos. DATED: August ___, 2011 28 and 31] are TERMINATED. Any Motions to Dismiss the First Amended Complaint Honorable EDWARD J. DAVILA may be noticed for a hearing on November 4, 2011, at 9:00 a.m. 24 25

20110829

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