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Wyman Llp Attorneys & Counselors At Law Diana Engel, An Individual v. Wolfe &15washington Mutual Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


October 17, 2011

WYMAN LLP ATTORNEYS & COUNSELORS AT LAW DIANA ENGEL, AN INDIVIDUAL,
PLAINTIFF,
v.
WOLFE &15WASHINGTON MUTUAL BANK, FA, A BUSINESS ENTITY, FORM UNKNOWN;
NATIONAL CITY BANK, A BUSINESS ENTITY, FORM UNKNOWN;
ALLIANCE TITLE COMPANY, A BUSINESS ENTITY, FORM UNKNOWN;
UNITED TITLE AND SETTLEMENT, A BUSINESS ENTITY, FORM UNKNOWN;
CALIFORNIA RECONVEYANCE COMPANY, A BUSINESS ENTITY, FORM UNKNOWN;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A BUSINESS ENTITY, FORM UNKNOWN; AND DOES 1-100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Saundra Brown Armstrong U.S. District Court Judge

Stuart B. Wolfe (SBN 156471) sbwolfe@wolfewyman.com 2 Marcus T. Brown (SBN 255662) mtbrown@wolfewyman.com 3 WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 645 4 Walnut Creek, California 94596-3502 Telephone: (925) 280-0004 Facsimile: (925) 280-0005 6 Attorneys for Defendant PNC BANK, NATIONAL ASSOCIATION, as 7 successor by merger to National City Bank (named as "National City Bank") 8

Assigned For All Purposes To: Hon. Saundra Brown Armstrong

Courtroom 1 -- 4th Floor Date: October 26, 2011 Time: 2:30 p.m.

Place: By Telephone

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Defendant PNC BANK, NATIONAL ASSOCIATION, as successor by merger to National City Bank (named as "National City Bank") ("PNC"), Plaintiff DIANA ENGEL ("Plaintiff") and Defendant CALIFORNIA RECONVEYANCE COMPANY ("CRC") (collectively, the "Parties") 27 hereby stipulate as follows:

WHEREAS, the Initial Case Management Conference ("CMC") is scheduled to occur by 2 telephone on October 26, 2011;

WHEREAS, the Parties have met and conferred through their attorneys regarding the status 4 of the case and the upcoming CMC;

WHEREAS, PNC's motion to dismiss Plaintiff's complaint is under submission with the court;

WHEREAS, per the agreement of Plaintiff, CRC has not filed a response to the complaint, 8 and the case is not at issue;

WHEREAS, counsel for CRC reports that Plaintiff sold the subject real property on or about August 26, 2011;

WHEREAS, in light of the reported sale of the property, Plaintiff's counsel requires

WYMAN LLP Attorneys & Counselors At Law additional time to confer with his client regarding whether she wishes to continue to prosecute this 13 case; and

WHEREAS, given the foregoing, the Parties believe that it would be inefficient to hold the & WOLFE CMC on October 26 and that the case will not be ripe for scheduling or other case management at 16 that time, and

THEREFORE, IT IS HEREBY STIPULATED THAT the Initial Case Management Conference, currently set for October 26, 2011, shall be continued at least 60 days to allow 19 additional time for Plaintiff's counsel to confer with his client and for the court to rule on PNC's 20 motion to dismiss.

IT IS SO STIPULATED.

ORDER

The Court, having reviewed the Stipulation Continuing Case Management Conference, and Good Cause appearing therefore, makes the following Order: 4

IT IS HEREBY ORDERED THAT the telephonic Case Management Conference currently scheduled for October 26, 2011, is CONTINUED to January 25, 2012 at 2:45 p.m. Prior to the date 6 scheduled for the conference, the parties shall meet and confer and prepare a joint Case Management Conference Statement. The joint statement shall be filed no later than seven (7) days prior to the 8 conference and shall comply with the Standing Order for All Judges of the Northern District of 9 California and the Standing Order of this Court. Plaintiff shall be responsible for filing the statement 10 as well as for arranging the conference call. All parties shall be on the line and shall call (510) 637-11 3559 at the above indicated date and time.

IT IS SO ORDERED.

20111017

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