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Eblovi v. Deutsche Bank National Trust Co.

United States District Court, Ninth Circuit

August 8, 2013

DAVID C. EBLOVI and MONICA K. EBLOVI individually and as private attorneys general on behalf of other unknown members of the general public similarly situated, Plaintiffs,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY; RBS ACCEPTANCE INC. (F/K/A GREENWICH CAPITAL ACCEPTANCE INC.); RBS FINANCIAL PRODUCTS INC. (F/K/A GREENWICH CAPITAL FINANCIAL PRODUCTS INC.); NATIONWIDE TITLE CLEARING INC.; CENTRAL MORTGAGE COMPANY D/B/A CENTRAL MORTGAGE LOAN SERVICING COMPANY; MTC FINANCIAL INC. D/B/A TRUSTEE CORPS; AND DOES 1-100, Defendants.

ELIZABETH A. FROHLICH, (SBN 195454), LAYA ROSE KAIGH, (SBN 278043), MORGAN, LEWIS & BOCKIUS LLP, San Francisco, CA, Attorneys for Defendant, Deutsche Bank National Trust Company.

DAVID C. EBLOVI, MONICA K. EBLOVI, Plaintiffs appearing pro se.

FABIO CABEZAS, BURKE, WILLIAMS & SORENSEN LLP, Attorneys for Defendant, MTC Financial Inc.

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

CHARLES R. BREYER, District Judge.

Pursuant to this Court's Order Setting Case Management Conference and Civil Local Rule 16-2, Defendants Deutsche Bank National Trust Company and MTC Financial Inc. dba Trustee Corps ("Defendants") and Plaintiffs David C. Eblovi and Monica K. Eblovi ("Plaintiffs") (together, the "Parties"), hereby stipulate as follows:

WHEREAS, on July 3, 2013, the Court set a Case Management Conference for August 23, 2013;

WHEREAS, Plaintiffs filed and served on Defendants a First Amended Complaint on July 15, 2013;

WHEREAS, pursuant to Federal Rule of Civil Procedure 15 Defendants had up to and including July 29, 2013 to respond to the First Amended Complaint;

WHEREAS, the Parties filed stipulations with the Court indicating that the Parties agreed that the time for Defendants to respond to the First Amended Complaint should be extended an additional 14 days up to and including August 12, 2013;

WHEREAS, the Court ordered that the time for Deutsche Bank National Trust Company to respond to the First Amended Complaint is extended an additional 14 days up to and including August 12, 2013;

WHEREAS, Defendants intend to file motions to dismiss the First Amended Complaint on or before August 12, 2013;

WHEREAS, the Case Management Conference set for August 23, 2013 would take place before Defendants' motions to dismiss are fully briefed and decided by the Court;

WHEREAS, the Parties agree that setting the Case Management Conference for a date after Defendants' motions to dismiss are fully briefed and decided would be more productive and efficient for both the Court and the Parties;

WHEREAS, Defendants' motions to dismiss are not likely to be fully briefed until early September, 2013;

WHEREAS, the Parties agree that the Case Management Conference should be continued 90 days or until a date after the pleadings in this case have been resolved.

THEREFORE, IT IS HEREBY STIPULATED that the Case Management Conference set for August 23, 2013 should be continued 90 days or until a date after the pleadings in this case have been resolved.

IT IS SO STIPULATED.

ORDER

The Case Management Conference set in this case for August 23, 2013 is continued to November 22, 2013 at 8:30 a.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED


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