Opinion
STIPULATION AND REQUEST FOR ORDER AS TO FOURTH AMENDED COMPLAINT [LOCAL RULES 143, 220]
LAWRENCE K. KARLTON, District Judge.
TO THE HONORABLE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
Defendants Vericrest Financial, Inc. (n/k/a Caliber Home Loans, Inc.) ("Vericrest"), LSF7 NPL VI Trust ("Trust"), Lone Star U.S. Acquisitions, LLC ("LSUSA"), and CitiMortgage, Inc. ("CMI") (collectively, "Defendants") and plaintiffs Charles Alimena and Cheryl Alimena ("Plaintiffs"), through their respective counsel, stipulate, agree, and jointly move the Court as follows:
WHEREAS, this Court entered an order granting in part and denying in part Defendants' motions to dismiss Plaintiffs' second amended complaint ("SAC") on August 8, 2013 (Dkt. No. 60);
WHEREAS, that order granted Plaintiffs' leave to file a third amended complaint, not to exceed thirty (30) pages long that "may only include those causes of action, plead against those defendants, which were not dismissed [t]herein" ( id. pp. 42-43);
WHEREAS, Plaintiffs filed their third amended complaint ("TAC") on August 30, 2013(Dkt. 66);
WHEREAS, counsel for Vericrest, in reviewing the TAC, noticed that Vericrest had been named in the sixth cause of action in the TAC (formerly the ninth cause of action in the SAC) for Violations of Business & Professions Code §§ 17200, et seq. even though that cause of action had been dismissed as to Vericrest with prejudice in the Court's order of August 8, 2013 (Dkt. 60 p. 42);
WHEREAS, counsel for LSUSA, in reviewing the TAC, also noticed that the paragraph in the SAC clarifying that "LONE STAR" stands for defendant Lone Star U.S. Acquisitions, LLC (see SAC ¶ 6) had been omitted from the TAC;
LOCKE LORD LLP, Regina J. McClendon (SBN 184669) rmcclendon@lockelord.com Sally W. Mimms (SBN 276093) smimms@lockelord.com San Francisco, CA, Telephone: 415-318-8810 Facsimile: 415-676-5816 LONE STAR U.S. ACQUISITIONS, LLC, VERICREST FINANCIAL, INC. (n/k/a Caliber Home Loans, Inc.), and LSF7 NPL VI TRUST Attorneys for Defendants.
UNITED LAW CENTER, Julie B. Gustavson Attorney for Plaintiffs CHARLES ALIMENA and CHERYL ALIMENA.
LECLAIRRYAN, LLP, Claudia Williams Attorney for Defendant CITIMORTGAGE, INC.
WHEREAS, counsel for Plaintiffs, upon meeting and conferring with counsel for Defendants, has stated that the error and omission were accidental and unintended;
WHEREAS, Plaintiffs and Defendants wish to correct the error and omission in the TAC, and avoid any ambiguity going forward in this action resulting therefrom, but without wasting the parties' or the Court's resources on further motion practice;
WHEREAS, Plaintiffs and Defendants have stipulated that Plaintiffs may file a fourth amended complaint by or before September 16, 2013 solely to correct these issues; and
WHEREAS, Plaintiffs and Defendants have stipulated that Defendants may have until September 23, 2013 to answer or otherwise respond to the fourth amended complaint;
IT IS HEREBY STIPULATED, by Plaintiffs and Defendants, through their undersigned counsel of record, that:
(1) Plaintiffs may file a fourth amended complaint, complete with exhibits as required by L.R. 220, by or before September 16, 2013 that differs from the TAC only as follows:
(a) Plaintiffs may change all references to "Third Amended Complaint" or "TAC" to "Fourth Amended Complaint" or "4AC";
(b) Vericrest will not be named in the sixth cause of action in the TAC, Violations of Business & Professions Code §§ 17200, et seq. and the section of Paragraph 186 entitled "Conduct of VERICREST in Violation of B&P §§ 17200, et seq. " will be removed; and
(c) Paragraph 2(f) will be revised to state "Defendant LONE STAR U.S. ACQUISITIONS, LLC ("LONE STAR")";
(2) Defendants may have up until and including September 23, 2013 to answer or otherwise respond to the fourth amended complaint;
(3) the Court may, and hereby is requested to, enter an order granting this stipulation; and
(4) the Court may deny the prior stipulation filed regarding this issue (Dkt. 69) as moot.
ORDER
IT IS SO ORDERED.