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Karim Akil, An Individual; Amy Schloemann, An Individual v. Carrington Mortgage Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 15, 2012

KARIM AKIL, AN INDIVIDUAL; AMY SCHLOEMANN, AN INDIVIDUAL, PLAINTIFFS,
v.
CARRINGTON MORTGAGE SERVICES, LLC, A DELAWARE CORPORATION; DEUTSCHE BANK NATIONAL TRUST COMPANY, SUCCESSOR IN INTEREST TO NEW CENTURY MORTGAGE COMPANY; ATLANTIC & PACIFIC FORECLOSURE SERVICES, LLC, A DELAWARE CORPORATION; AND ALL PERSONS OR ENTITIES UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THIS COMPLAINT ADVERSE TO PLAINTIFFS' TITLE THERETO, AND DOES 1 THROUGH 25,INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

[PROPOSED] ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE PLAINTIFFS' FIRST AMENDED COMPLAINT OF RIGHT IN RESPONSE TO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT Fed. Rule Civ. Proc. Sec. 15(a)(2)

[PROPOSED] Order Stipulation For Extension of Time to File First Amended Complaint Pursuant to Federal Rule of Civil Procedure Sec.15(a)(2), Defendants CARRINGTON MORTGAGE SERVICES, LLC. ("CARRINGTON") ,

DEUTSCHE BANK NATIONAL TRUST COMPANY, ("DEUTSCHE"), and ATLANTIC & PACIFIC FORECLOSURE SERVICES, LLC ("ATLANTIC") (collectively "Defendants") and Plaintiffs KARIM AKIL and AMY SCHLOEMANN ("Plaintiffs"), by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, Plaintiffs served t heir Complaint for damages ("Complaint") on April 17, 2012;

WHEREAS, Defendants filed their Notice of Removal to this Court on April 30, 2012;

WHEREAS, Defendants filed their Motion to Dismiss Plaintiff's Complaint on May 8, 2012;

WHEREAS, Plaintiffs filed their First Amended Complaint in response to Defendants' Motion to Dismiss on May 30, 2012, which was untimely under Federal Rule of Civil Procedure Sec.15(a)(1)(B);

WHEREAS, on May 31, 2012, Judge Garland E. Burrell issued an Order striking Plaintiff's First Amended Complaint because it did not comply with Federal Rule of Civil Procedure Sec. 15(a)(1)(B);

WHEREAS, a hearing is currently scheduled for June 18, 2012 at 9:00 AM on Defendants' Motion to Dismiss.

WHEREAS, Plaintiffs have requested and Defendants have consented to extend the time for filing Plaintiff's First Amended Complaint as permitted by Federal Rule of Civil Procedure Sec.15(a)(2);

WHEREAS, Plaintiffs will file their First Amended Complaint within 24 hours of the approval of this Stipulation by order of this court or waive her right to amend, a copy of Plaintiffs' First Amended Complaint.

WHEREAS, upon filing Plaintiff's First Amended Complaint in accordance with this Stipulation, the hearing on Defendants' Motion to Dismiss previously set for June 18, 2012 will be vacated;

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that Plaintiffs shall file their First Amended Complaint in response to D e fe n d an t s ' Motion to Dismiss within 24 hours of approval of this Stipulation by order of this court.

IT IS HEARBY ORDERED that this Stipulation to extend time to file Plaintiff's First

Amended Complaint of right in response to Defendants' Motion to Dismiss Plaintiffs Complaint

is granted.

IT IS SO ORDERED

20120615

© 1992-2012 VersusLaw Inc.



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