UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 23, 2012
JOSEPH O. OIYEMHONLAN, AN INDIVIDUAL AND
MARTHA OIYEMHONLAN, AN INDIVIDUAL,
JP MORGAN MORTGAGE ACQUISITION CORP., BUSINESS ENTITY UNKNOWN;
QUALITY LOAN SERVICE CORP., BUSINESS ENTITY UNKNOWN; AND DOES 1 THROUGH 100,
The opinion of the court was delivered by: Judge: Magistrate Elizabeth D. LaPorte
BRYAN CAVE LLP C. Scott Greene, California Bar No. 277445 2 Yvonne P. Greer, California Bar No. 214072 Two Embarcadero Center, Suite 1410 3 San Francisco, CA 94111-3907 Telephone: (415) 675-3400 4 Facsimile: (415) 675-3434 Email: firstname.lastname@example.org 5 email@example.com BRYAN CAVE LLP Sean D. Muntz, California Bar No. 223549 3161 Michelson Drive, Suite 1500 8 Irvine, California 92612-4414 Telephone: (949) 223-7000 9 Facsimile: (949) 223-7100 Email: firstname.lastname@example.org 10 Attorneys for Defendants JPMORGAN CHASE BANK, N.A. (erroneously named as Chase Bank); and QUALITY LOAN 12 13 7 SERVICE CORP., INC. Bryan Cave LLP Embarcadero Center, Suite 1410 San Francisco, CA 94111
Date Action Filed: November 18, 2011
JOINT STIPULATION TO STAY PROCEEDINGS FOR SIXTY DAYS AND [PROPOSED] ORDER AS MODIFIED
Date Action Removed: December 22, 2011
Plaintiffs Joseph and Martha Oiyemhonlan ("Plaintiffs") and Defendants JP MORGAN CHASE BANK, N.A, ("Chase") and QUALITY LOAN SERVICE CORP., INC. (collectively 4 "Defendants") by and through their respective counsel, STIPULATE and AGREE as follows: 5 WHEREAS Plaintiffs filed a complaint in the Superior Court of the County of Alameda 6 on November 18, 2011;
WHEREAS, on November 22, 2011 in the Superior Court of the County of Alameda, Plaintiffs obtained an ex parte temporary restraining order ("TRO") enjoining the Trustee's sale of 9 the real property at 27535 Orlando Avenue in Hayward, California (the "Property"); 10
WHEREAS Defendants removed the action to this Court pursuant to the provisions of 28 U.S.C.section 1441(b) on December 22, 2011;
WHEREAS Defendants filed a Motion to Dismiss Plaintiffs' Complaint on December 29, 2011;
WHEREAS Defendants' reply in response to any opposition to Defendants' Motion to Dismiss is due on January 19, 2011; 16
WHEREAS the hearing on Defendants' Motion to Dismiss is set for February 14, 2012;
WHEREAS the Case Management Conference is presently scheduled for April 3, 2012.
WHEREAS the parties wish to stay all proceedings in this matter until
March 19, 2012,
including hearings, briefings, appearances and any other
deadlines imposed by law or the Court, 20 pending a
determination by Defendant Chase of Plaintiffs' suitability for loan
modification, which 21 is economically and judicially
WHEREAS the parties stipulate and agree that Plaintiffs' time to file an Opposition to Defendants' Motion to Dismiss is extended to March 19, 2012;
WHEREAS the parties further stipulate and agree that Defendants' time to file a reply in support of their Motion to Dismiss will be extended to March 27, 2012 or seven (7) days prior to a 26 hearing date as the Court determines, pending a determination by Chase of Plaintiffs' suitability 27 for loan modification;
WHEREAS the parties further stipulate and agree that Defendants' hearing on Defendants' Motion to Dismiss be continued to April 3, 2012 or anytime thereafter as the Court 3 determines; 4
WHEREAS Defendant further agrees to postpone any foreclosure proceedings on the liens 5 associated with the loan for the subject property located at 27535 Orlando Avenue in Hayward, 6 California, pending a determination by Chase on Plaintiffs' loan modification application; 7
WHEREAS Plaintiffs understand that Defendant Chase has made no guarantee that Plaintiffs will be granted a loan modification and that Chase is under no obligation to provide 9 8 Plaintiffs with a loan modification; 10
WHEREAS the parties further stipulate and agree that the extension requested herein is 11 not requested for purposes of delay and will not result in any prejudice to the parties or to the 12 Court;
IT IS THEREFORE STIPULATED AND AGREED by Plaintiffs and Defendants, by and through their respective counsel, and the Court is respectfully requested to order that: 15
1. This action is hereby stayed until March 19, 2012;
2. The deadline for Plaintiffs to file their Opposition to the Motion to Dismiss shall be extended to March 19, 2012;
3. The deadline for Defendants to file their reply to Plaintiffs' Opposition to the Motion to Dismiss shall be extended to March 27, 2012;
4. The hearing on the motion to dismiss shall be continued to April 3, 2012;
5. The case management conference shall be continued to April 24, 2012 or anytime thereafter as determined by the Court;
6. The TRO obtained by Plaintiffs in the Superior Court in the County of Alameda shall remain in effect until this Court makes a determination on the TRO, or by further agreement by the parties.
IT IS SO STIPULATED.
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Yvonne P. Greer, attest that concurrence in the filing of this document has been obtained 20 from each of the signatories. I declare under penalty of perjury under the laws of the United States 21 of America that the foregoing is true and correct. Executed on January 17, 2012, at San Francisco, 22 California. 23 24
Yvonne P. Greer
The Court, having reviewed the parties' Stipulation, hereby orders as follows:
1. This action is hereby stayed until March 19, 2012;
2. The deadline for Plaintiffs to file their Opposition to Defendants' Motion to Dismiss is extended to March 19, 2012
3. The deadline for Defendants to file their Reply to Plaintiffs' Opposition to the Motion to Dismiss shall be extended to March 27, 2012;
4. The hearing on the motion to dismiss shall be continued to April 3, 2012; at 9:00 a.m.
5. The TRO shall remain in effect until further determination by this Court on the TRO if the hearing date is re-noticed by Plaintiffs or by further agreement of the parties;
6. The case management conference shall be continued to April 24, 2012 at 3:00 p.m.
IT IS SO ORDERED.
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