UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION
July 3, 2012
AQUILA P. NUGENT, ANDREW NUGENT, PLAINTIFFS,
FEDERAL HOME LOAN MORTGAGE CORPORATION, WELLS FARGO BANK, N.A. D/B/A WELLS FARGO HOME MORTGAGE, AND DOES 1 TO 20,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION TO CONTINUE THE SCHEDULING CONFERENCE AND HEARING ON DEFENDANT=S MOTION TO DISMISS; [PROPOSED] ORDER
Plaintiffs AQUILA P. NUGENT and ANDREW NUGENT (collectively, APlaintiffs@), 19 together with Defendant FEDERAL HOME LOAN MORTGAGE CORPORATION (AFreddie 20 Mac@), by and through their attorneys of record, hereby stipulate and agree as follows: 21 WHEREAS Freddie Mac filed a motion to dismiss Plaintiffs= Second Amended Complaint 22 on June 12, 2012, which motion is presently scheduled for hearing on July 16, 2012;
WHEREAS Plaintiffs request additional time to respond to the motion to dismiss and the 24 Parties agree that the motion hearing should be continued to July 30, 2012, at 9:00 a.m. in 25 Courtroom 10, with the deadlines to file opposition and reply papers to be extended in accordance 26 with the continued hearing date;
WHEREAS Plaintiffs recently served the complaint on defendant Wells Fargo Bank, N.A. 28 d/b/a/ Wells Fargo Home Mortgage (AWells Fargo@) on or about June 8, 2012, but Wells Fargo has not yet appeared in this action;
WHEREAS a Status (Pretrial Scheduling) Conference is currently set for July 23, 2012; 3 WHEREAS based upon the date of the scheduled Scheduling Conference, a joint status 4 report is due July 9, 2012; and
WHEREAS the Parties agree that the Scheduling Conference would be more productive if 6 it was held after all defendants have appeared in this action and after the Court has had an 7 opportunity to rule on the pending motion to dismiss.
NOW THEREFORE, it is stipulated by and between the Parties as follows: 9 The hearing on Freddie Mac=s Motion to Dismiss Second Amended Complaint should be 10 continued to July 30, 2012, at 9:00 a.m. in Courtroom 10, and the Scheduling Conference should 11 be continued to a date at least 30 days thereafter, to a date convenient for the Court.
IT IS SO STIPULATED. 13 PITE DUNCAN, LLP 14 15
Dated: July 3, 2012 /s/ Eric Tsai ERIC TSAI 16 Attorneys for Defendant FEDERAL HOME LOAN MORTGAGE 17 CORPORATION 18 19 LAW OFFICE OF TERRY R. HUNT 20 21 Dated: July 3, 2012 /s/ Terry Hunt TERRY R. HUNT 22 Attorneys for Plaintiffs AQUILA P. NUGENT and ANDREW NUGENT
ORDER 2 Based upon the stipulation above between Plaintiffs and Freddie Mac, and good cause 3 appearing, 4 IT IS HEREBY ORDERED that the hearing on Freddie Mac=s motion to dismiss the 5 Second Amended Complaint is continued to July 30, 2012, at 9:00 a.m. in Courtroom 10. 6 Deadlines to file opposition and reply papers are extended in accordance with said hearing date. 7 IT IS FURTHER ORDERED that the Status (Pretrial Scheduling) Conference is 8 continued to September 17, 2012, at 9:00 a.m. A joint status report shall be filed fourteen days 9 prior to the hearing. 10 IT IS SO ORDERED.
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