May 29, 2013
SCOT TOWNSEND, an individual; and SHELLY TOWNSEND, an individual Plaintiffs,
WELLS FARGO BANK, N.A., a business entity; AMERICAN HOME MORTGAGE SERVICING, INC., a business entity; and Does 1 through 100, inclusive Defendants.
Regina J. McClendon (State Bar No. 184669), Stephanie A. Chambers (State Bar No. 261025), LOCKE LORD LLP, San Francisco, CA, Attorneys for Defendants, WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-1, ASSET-BACKED CERTIFICATES, SERIES 2007-1 (erroneously sued as Wells Fargo Bank, N.A.) and HOMEWARD RESIDENTIAL, INC. (fka American Home Mortgage Servicing, Inc.)
Matthew D. Mellen, MELLEN LAW FIRM, Sarah Adelaars, Attorneys for Plaintiffs, SCOT TOWNSEND and SHELLY TOWNSEND.
JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE
JEFFREY S. WHITE, District Judge.
Plaintiffs Scot Townsend and Shelly Townsend (collectively, "Plaintiffs") and defendants Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-1, Asset-Backed Certificates, Series 2007-1 and Homeward Residential, Inc. (collectively, "Defendants") STIPULATE AND AGREE as follows:
WHEREAS, Plaintiffs filed a Complaint in this action on or about July 13, 2012;
WHEREAS, Defendants removed this action from the Alameda County Superior Court to the United States District Court for the Northern District of California on or about December 4, 2012;
WHEREAS, Defendants filed a Motion to Dismiss Plaintiffs' Complaint which is currently set for hearing on May 31, 2103;
WHEREAS, the Initial Case Management Conference in this matter is currently scheduled for May 31, 2103;
WHEREAS, the parties have reached a settlement in this matter and anticipate that the settlement documents will be finalized and executed in approximately 30-45 days;
IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiffs and Defendants, and subject to the approval of the Court, that:
The May 31, 2103, hearing date is vacated and the hearings on Defendants' Motion to Dismiss and the Initial Case Management Conference are continued to July 26, 2103.
IT IS SO STIPULATED.
Pursuant to stipulation, IT IS SO ORDERED.