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Bank of America, N.A., As Successor By Merger v. Nikolay Yakimenko

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


March 5, 2012

BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-H-1 AND AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, SERIES 2007-A MORTGAGE LOAN ASSET-BACKED CERTIFICATES. PLAINTIFF,
v.
NIKOLAY YAKIMENKO, AN INDIVIDUAL; JANETA ASLANYAN, AN INDIVIDUAL; FIRST AMERICAN TITLE INSURANCE CO., A CALIFORNIA CORPORATION; GMAC MORTGAGE, LLC, A DELAWARE CORPORATION; AND DOES 1 THROUGH 200, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

Stuart B. Wolfe (SBN 156471) Alice M. Dostalova (SBN 244513) amdostalova@wolfewyman.com WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 645 Walnut Creek, California 94596-3579 Telephone: (925) 280-0004 Facsimile: (925) 280-0005 Attorneys for Plaintiff BANK OF AMERICA, N.A., as successor by merger to La Salle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates

STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER THEREON TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER

This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates ("BOA"), Defendant GMAC MORTGAGE, LLC ("GMAC"), and Defendant DOE 1, UNITED STATES OF AMERICA ("US"), by and through their respective counsel of record herein. The parties stipulate and hereby seek the Court to continue all pre-trial dates currently set forth in the Scheduling Order based on good cause and agreement of the parties.

WHEREAS, BOA, GMAC and US are currently the only active, non-defaulted, parties in the action; and

WHEREAS, BOA, GMAC and US are currently seeking to resolve this matter without further Court intervention by way of a Mediation to occur by April 30, 2012; and

WHEREAS, GMAC has requested the continuance of the hearing on the Motion for Summary Judgment to the proposed Dispositive Motion hearing date of September 11, 2012; and

WHEREAS, the Trial Date of February 4, 2013 as currently set forth in the Scheduling Order, will remain the same; and

WHEREAS, all other dates not specifically set forth below shall remain as previously set by the Court on October 26, 2011; and

WHEREAS, the parties wish to re-open discovery and extend the discovery cut-off deadline to a date closer to the February 4, 2013 trial date to allow the parties to continue their exploration of facts and issues in this matter, including information attained only after the passage of the current discovery cut-off date; and

WHEREAS, there was one prior stipulation and request for modification of the scheduling order of all other dates except for trial, and one stipulation briefly extending the discovery cut-off deadline, all prior to the Court's most recent order continuing the trial date to February 4, 2013; and

WHEREAS, the stipulation and request will not prejudice the parties;

NOW THEREFORE, good cause exists to modify the Scheduling Order relating to all pre-trial dates, except the trial date, as follows:

Discovery Cut-Off Deadline ...................................June 28, 2012

(Old Date: September 29, 2011)

Expert Witness Disclosure ......................................July 12, 2012

(Old Date: November 4, 2011)

Dispositive Motion Filing Deadline........................July 26, 2012

(Old Date: January 12, 2012)

Opposition Filing Deadline .........................August 16, 2012

(Old Date: February 2, 2012)

Reply Filing Deadline .................................August 30, 2012

(Old Date: February 16, 2012)

Hearing on Dispositive Motion ................. September 11, 2012 at 2:00 p.m.

(Old Date: March 8, 2012)

NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the foregoing modification.

*** ORDER ***

Pursuant to the parties' stipulation, the Court adopts the deadlines proposed above with the exception of the proposed September 11, 2012 hearing on Defendants' summary judgment motion.

Because that date is not an available civil motion date on the Court's calendar, the hearing will be set for September 20, 2012 at 2:00 p.m., the next available date after September 11, 2012. Moreover, Defendant's currently pending Motion for Summary Judgment (ECF No. 40) is DENIED at this point, without prejudice, with permission granted to refile the motion at a later time for hearing not later than September 20, 2012.

IT IS SO ORDERED.

20120305

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