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Randy Meadows v. First American Trustee Servicing Solutions

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION


December 20, 2011

RANDY MEADOWS,
PLAINTIFF,
v.
FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC; WELLS FARGO BANK;
AND BANK OF AMERICA,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Richard Seeborg

*E-Filed 12/20/11*

MARK D. LONERGAN (State Bar No. 143622) EDWARD R. BUELL III (State Bar No. 240494) 2 M. ELIZABETH HOLT (State Bar No. 263206) E-mail: meh@severson.com 3 SEVERSON & WERSON A Professional Corporation 4 One Embarcadero Center, Suite 2600 San Francisco, CA 94111 5 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 6 Attorneys for Defendants 7 Wells Fargo Bank, N.A. and Bank of America, N.A. 8 SHIRLEY HOCHAUSEN (State Bar No. 145619) 9 KEITH OGDEN (State Bar No. 273129) COMMUNITY LEGAL SERVICES IN EAST PALO ALTO 10 2117 B University Avenue East Palo Alto, CA 94303 11 Telephone: (650) 326-6440 Facsimile: (650) 326-9722 12 ROBERT F. KANE (State Bar No. 71407) 13 E-mail: RKane1089@aol.com LAW OFFICES OF ROBERT F. KANE 14 870 Market Street, Suite 1128 San Francisco, CA 94102 15 Telephone: (415) 982-1510 Facsimile: (415) 982-5821 16 Attorneys for Plaintiff 17 Randy Meadows 18

Hearing Date: December 29, 2011 Time: 1:30 p.m. 24 Courtroom: 3, 17th Floor

STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL L.R. 6-2; [PROPOSED] ORDER

Complaint Date: November 30, 2011

Trial Date: None Set

Plaintiff Randy Meadows and defendants Wells Fargo Bank, N.A. ("Wells Fargo"), and Bank of America, N.A. ("Bank of America"), jointly submit this stipulated request for order 3 changing time pursuant to Civil Local Rule 6-2. 4 On November 30, 2011, the Court entered an order denying as moot plaintiff's motion for 5 temporary restraining order, based on Wells Fargo's representation that the sale of the subject 6 property had been postponed (docket entry [10]). That order also scheduled a preliminary 7 injunction hearing for December 22, 2011. On December 15, 2011, the Court continued the 8 hearing to December 29, 2011 (docket entry [13]).

The parties now jointly request that the preliminary injunction and accompanying briefing 10 schedule be continued as follows: 11

 Plaintiff should file a supplemental motion for preliminary injunction by January 5, 2012

 Wells Fargo and Bank of America should file a response by January 12, 2012

 Plaintiff may, if he elects to do so, file a reply brief by January 19, 2012

 The hearing on preliminary injunction should be continued to February 2, 2012, at 1:30 p.m., or a later date of the Court's choosing.

In view of the above stipulations, Wells Fargo represents that it has instructed the trustee 18 to postpone the foreclosure sale until February 17, 2012, or later, but in no event less than 15 days 19 after a ruling on plaintiff's motion for preliminary injunction. 20 In light of ongoing settlement discussions, pursuant to Civil L.R. 6.1(a), the parties further 21 stipulate that Wells Fargo and Bank of America's response deadline to the complaint is extended 22 to February 20, 2012. 23

I hereby attest that I have on file all holograph signatures for any signatures indicated by a 12 "conformed" signature (/S/) within this efiled document. 13

[PROPOSED] ORDER

In light of the parties' stipulations, and good cause appearing, IT IS HEREBY ORDERED 16 that: 17

 Plaintiff may file a supplemental motion for preliminary injunction no later than January 5, 2012.

 Wells Fargo and Bank of America may file a response no later than January 12, 2012.

 Plaintiff may, if he elects to do so, file a reply brief no later than January 19, 2012.

 The hearing on preliminary injunction is continued to February 2, 2012 at 1:30 AM/PM.

The Honorable Richard Seeborg UNITED STATES DISTRICT COURT JUDGE

20111220

© 1992-2011 VersusLaw Inc.



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