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Rockridge Trust v. Wells Fargo Na

United States District Court, Ninth Circuit

January 7, 2014

ROCKRIDGE TRUST, a California Trust, and RAY K. SHAHANI, TRUSTEE, an individual, Plaintiffs,
v.
WELLS FARGO NA, a South Dakota corporation, BANK OF AMERICA NA, a North Carolina corporation, FIRST AMERICAN TRUSTEE SERVICING SOLUTION LLC, a Texas corporation, FIRST AMERICAN LOANSTAR TRUSTEE SERVICES LLC, a Texas corporation, and DOES 1-25, Defendants.

MARK D. LONERGAN (State Bar No. 143622), EDWARD R. BUELL, III (State Bar No. 240494), MARIA SCHINDLER (State Bar No. 279043), SEVERSON & WERSON, A Professional Corporation, San Francisco, California, Attorneys for Defendants WELLS FARGO BANK, N.A. and BANK OF AMERICA, N.A.

RAY K. SHAHANI, TRUSTEE, ROCKRIDGE TRUST Ray K. Shahani Plaintiff in PRO PER.

LAW OFFICES OF GLENN H. WECHSLER Lawrence D. Harris, Attorneys for Defendants FIRST AMERICAN LOANSTAR TRUSTEE SERVICES and FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS.

STIPULATION TO CONTINUE MEDIATION DEADLINE PURSUANT TO CIVIL LOCAL RULE 6-2(A)

JOSEPH C. SPERO, District Judge.

Pursuant to Civil Local Rules 6-2 and 7-12, the parties now file a joint stipulated request for an extension of this Court's deadline to complete mediation of this action. The parties stipulate to complete mediation by March 31, 2013.

After conferring with the assigned court-appointed mediator, it has become apparent that mediation at this time would not result in a resolution of this matter, due to uncertainty in the status of the pleadings and the vast differences in Plaintiffs' and Defendants' settlement positions. To avoid fruitless use of the court-appointed mediator's time, Defendants Wells Fargo Bank, N.A., Bank of America, N.A., and First American Trustee requested to continue the mediation to a date after their next motion to dismiss could be heard by this Court, when they could make a more informed decision as to the settlement value of the case. Plaintiffs do not object to defendant's request, and has entered into this stipulation. The next motion to dismiss is scheduled for February 2014. The parties and the mediator have reserved space for a mediation, which will occur on March 17, 2014, a date mutually agreeable to all parties. The parties wish to continue their mediation deadline to March 31, 2013 in order to accommodate any last-minute scheduling issues that could interfere with the planned March 17th mediation. Plaintiffs do not oppose this continuance and join in this stipulation. L.R. 6-2(a)(1).

While Plaintiffs and Defendants have entered into several stipulations to extend response times to pleadings and motions in order to mutually accommodate each other's schedules, this is the first stipulation to continue mediation. L.R. 6-2(a)(2).

This change will not have any effect on the schedule of this case. L.R. 6-2(a)(2). The litigation and motion schedule for this case will be unaffected by a change in the mediation date, especially since a mediation completed by the original deadline of December 31, 2013 would not have resulted in a settlement. The parties wish to extend time to complete mediation due to their desire to use their court-appointed mediator's time in the most efficient way possible, and to maximize the chances of settling this matter.

I, Maria Schindler am the ECF user whose identification and password are being used to file this stipulation. I hereby attest that Ray Shahani and Lawrence Harris have concurred in this filing.


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