MAYER BROWN LLP, JOHN NADOLENCO (SBN 181128), STEVEN E. RICH (SBN 198412), Los Angeles, CA, Attorneys for Defendants CITIMORTGAGE, INC., CITI RESIDENTIAL LENDING, INC., CR TITLE SERVICES, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
LAW OFFICES OF MARK LAPHAM, ESQ., MARK LAPHAM, ESQ. (SBN 146352), Danville, CA, Attorneys for Plaintiff, OBED M. APOSTOL, JR.
LEVENE, NEALE, BENDER, YOO & BRILL L.L.P., IRV M. GROSS (SBN 53659), Los Angeles, California, Attorneys for Defendants CRYSTAL, MOORE and BRYAN BLY.
JOINT STIPULATION (1) SETTING MOTION TO DISMISS BRIEFING SCHEDULE AND HEARING DATE ON FIRST AMENDED COMPLAINT, AND (2) RESCHEDULING CASE MANAGEMENT CONFERENCE; DECLARATION OF STEVEN E. RICH; [PROPOSED] ORDER [Civ. L.R. 6-2 AND 7-121
WILLIAM H. ORRICK, District Judge.
This Stipulation is entered into by and between Plaintiff Obed M. Apostol, Jr. ("Plaintiff'), Defendants CitiMortgage, Inc., Citi Residential Lending, Inc., CR Title Services, Inc., (collectively "Citi"), Defendant Mortgage Electronic Registration Systems, Inc. ("MERS"), and Defendants Crystal Moore and Bryan Bly ("Moore & Bly, " and with Plaintiff, Citi, and MERS, the "Parties"), pursuant to Civil Local Rules 6-2 and 7-12 as follows:
A. On April 30, 2013, Plaintiff filed his Complaint (the "Complaint") against Citi, MERS, and Moore & Bly (collectively, the "Defendants").
B. On June 26, 2013, Plaintiff, Citi and MERS filed a stipulation setting July 29, 2013 as the deadline for Citi and MERS to respond to the Complaint. Dkt. No. 12.
C. On July 29, 2013, Citi and MERS filed a motion to dismiss the Complaint (the "Citi & MERS Motion"). Dkt. Nos. 21-22.
D. Also on July 29, 2013, Moore & Bly filed a motion to dismiss the Complaint (the "Moore & Bly Motion, " and with the Citi & MERS Motion, the "Motions"). Dkt. Nos. 19-20; 23.
E. On August 2, 2013, on stipulation by the parties (Dkt. No. 24), the Court ordered that Plaintiff shall file his respective oppositions to the Motions on August 19, 2013; that Citi, MERS and Moore & Bly shall file their respective reply briefs on September 4, 2013; that the hearing on the Motions shall be on September 25, 2013 at 2:00 p.m.; and that a Case Management Conference shall be on October 22, 2013 at 2:00 p.m. Dkt. No. 25.
F. On August 19, 2013, instead of filing oppositions to the Motions, Plaintiff filed his First Amended Complaint (the "FAC") against Citi, MERS, and Moore & Bly.
G. Given the new causes of action asserted in Plaintiffs 161-paragraph, 7-count FAC, the number of Parties on each side, and the schedules of counsel, the Parties conferred with each other and agreed to the following coordinated briefing scheduling and hearing date.
H. Citi, MERS and Moore & Bly shall file their respective motions to dismiss the FAC (the "Motions to Dismiss ...