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Cal West Homes and Investments, LLC, A California Limited Liability Company v. Federal Home Loan Mortgage Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 19, 2013

CAL WEST HOMES AND INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
FEDERAL HOME LOAN MORTGAGE CORPORATION, A FEDERALLY CHARTERED PRIVATE CORPORATION; EXECUTIVE TRUSTEE SERVICES, LLC, DBA ETS SERVICES, LLC, A DELAWARE LIMITED LIABILITY COMPANY;
OLD REPUBLIC TITLE COMPANY, A CALIFORNIA CORPORATION; GMAC MORTGAGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY; DANIEL LEE WESTFALL, AN INDIVIDUAL;
TANUE WESTFALL, AN INDIVIDUAL; AND DOES 1 - 10, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; ORDER THEREON

Action Filed: January 15, 2013

Plaintiff CAL WEST HOME AND INVESTMENTS, LLC ("Plaintiff") and Defendants EXECUTIVE TRUSTEE SERVICES, LLC, GMAC MORTGAGE, LLC, and FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Corporation ("Defendants"), by and through their attorneys of record in this case, hereby stipulate and agree that:

WHEREAS, Plaintiff filed the instant action in the Superior Court of California, County of 19000.1454/2570540.1 1:13-cv-00073-LJO-SMS Fresno under case No. 12 CE CG 03817 DSB on December 4, 2012 ("Action"); WHEREAS, on January 15, 2013 Defendant Federal Home Loan Mortgage Corporation removed the Action to the United States District Court, Eastern District of California-Fresno Division (Case No. 1:13-cv-00073);

WHEREAS, the Defendants' responsive pleading is presently due on February 19, 2013;

WHEREAS, upon preliminary assessment of the matter, the Parties have determined that both Plaintiff and Defendants will benefit from an additional factual investigation of the matter;

WHEREAS, Local Rule 6-144(a) of the United States District Court for the Eastern District of California provides that the Parties may stipulate to extend the time for responding to a complaint without leave of Court so long as all parties affected by the extension consent and the extension is no longer than 28 days;

IT IS HEREBY STIPULATED by and between Plaintiff, on the one hand, and Defendants, on the other, through their respective counsel of record herein, that the Defendants may have an extension of time to answer, move, or otherwise respond to Plaintiff's complaint to and including February 28, 2013.

This extension of time will not alter the date of any event or deadline already fixed by Court order.

IT IS SO STIPULATED.

DATED: February 19, 2013 Respectfully submitted, SEVERSON & WERSON A Professional Corporation By: /s/ Evelina Manukyan Evelina Manukyan Attorneys for Defendants EXECUTIVE TRUSTEE SERVICES, LLC and GMAC MORTGAGE, LLC (and FREDDIE MAC) 19000.1454/2570540.1 1:13-cv-00073-LJO-SMS DATED: February 19, 2013 Respectfully submitted, WAGNER JONES HELSLEY, PC By: /s/ Troy T. Ewell Patrick D. Toole Troy T. Ewell Attorneys for Plaintiff CAL WEST HOMES AND INVESTMENTS, LLC

ORDER

The Court, having duly considered the parties' stipulation as set forth above, and good cause appearing, hereby orders as follows: Defendants' deadline to file a responsive pleading to Plaintiff's Complaint shall be extended to February 28, 2013.

IT IS SO ORDERED.

20130219

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