Opinion
Case No.: 2:09-cv-02865 MCE GGH
09-20-2011
BANK OF AMERICA, N.A., etc., Plaintiff, v. NIKOLAY YAKIMENKO, JANETA ASLANYAN, FIRST AMERICAN TITLE INSURANCE CO., GMAC MORTGAGE, LLC, and DOES 1-200, inclusive,
WOLFE & WYMAN LLP Marcus T. Brown SBN 225662 STUART B. WOLFE ALICE M. DOSTALOVA MARCUS T. BROWN Attorneys for Plaintiff BANK OF AMERICA, N.A., as successor by merger to La Salle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates CAMPBELL WARBURTON FITZSIMMONS SMITH MENDELL & PASTORE LISA JEONG CUMMINS Attorneys for Defendant GMAC MORTGAGE, LLC BENJAMIN B. WAGNER United States Attorney ANDY R. CAMACHO Trial Attorney, Tax Division U.S. Department of Justice Attorneys for United States of America
Stuart B. Wolfe (SBN 156471)
Alice M. Dostálová (SBN 244513)
Marcus T. Brown (SBN 255662)
WOLFE & WYMAN LLP
Attorneys for Plaintiff
BANK OF AMERICA, N.A., as successor by merger to La Salle Bank
National Association, as trustee for the Merrill Lynch First Franklin
Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series
2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan
Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates
Lisa Jeong Cummins (SBN 118087)
CAMPBELL WARBURTON FITZSIMMONS
SMITH MENDELL & PASTORE
Attorneys for Defendant
GMAC MORTGAGE, LLC
STIPULATION AND ORDER EXTENDING
TIME FOR PARTIES TO RESPOND TO
DISCOVERY REQUESTS AND EXTENDING
THE FACT-DISCOVERY CUT-OFF FOR
THAT PURPOSE
Plaintiff and Defendants GMAC MORTGAGE, LLC, ("GMAC") and UNITED STATES OF AMERICA ("U.S.") (collectively, "Parties") hereby stipulate as follows and request that the court enter the proposed order set forth below.
WHEREAS, trial of this case is scheduled to begin on July 2, 2012;
WHEREAS, the fact-discovery cut-off is September 16, 2011;
WHEREAS, on August 11, 2011, Plaintiff propounded the following discovery requests upon Defendant GMAC: (1) Requests for Production of Documents Propounded by Plaintiff Bank of America, N.A., to Defendant GMAC Mortgage, LLC, Set One; (2) Interrogatories Propounded by Plaintiff Bank of America N.A., to Defendant GMAC Mortgage, LLC, Set One; (3) Requests for Admission Propounded by Plaintiff Bank of America N.A., to Defendant GMAC Mortgage, LLC, Set One ("BofA's Discovery");
WHEREAS, on August 13, 2011, GMAC propounded the following discovery requests upon Plaintiff: (1) Defendant GMAC's Request for Production of Documents and Electronically Stored Information and Things to Plaintiffs, Set One; (2) Defendant GMAC's Interrogatories to Plaintiff, Set One; and (3) Defendant GMAC's Requests for Admission to Plaintiff, Set One ("GMAC's Discovery");
WHEREAS, Plaintiff and Defendant GMAC and their attorneys require additional time beyond the discovery cut-off to adequately and properly respond to GMAC's Discovery and BofA's Discovery; and,
WHEREAS, the Parties believe that a short extension of time for Plaintiff's and Defendant GMAC's responses beyond the discovery cut-off will not interfere with any litigation dates, schedules, or deadlines in this action.
NOW, THEREFORE, the Parties stipulate and agree that, notwithstanding the fact discovery cut-off date, Plaintiff and Defendant GMAC shall have up to and including September 29, 2011, to serve their responses to GMAC's Discovery and to BofA's Discovery, respectively, and that the fact discovery cut-off shall be extended to September 29, 2011 for this purpose alone.
IT IS SO STIPULATED.
WOLFE & WYMAN LLP
Marcus T. Brown SBN 225662
STUART B. WOLFE
ALICE M. DOSTALOVA
MARCUS T. BROWN
Attorneys for Plaintiff
BANK OF AMERICA, N.A., as successor by merger
to La Salle Bank National Association, as trustee for
the Merrill Lynch First Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed Certificates, Series
2007-H-1 and as trustee for the Merrill Lynch First
Franklin Mortgage Loan Trust, Series 2007-A
Mortgage Loan Asset-Backed Certificates
CAMPBELL WARBURTON FITZSIMMONS
SMITH MENDELL & PASTORE
LISA JEONG CUMMINS
Attorneys for Defendant
GMAC MORTGAGE, LLC
BENJAMIN B. WAGNER
United States Attorney
ANDY R. CAMACHO
Trial Attorney, Tax Division
U.S. Department of Justice
Attorneys for United States of America
ORDER
The Court, having reviewed the foregoing stipulation, and good cause appearing therefore, hereby ORDERS that Plaintiff and Defendant GMAC shall have up to and including September 29, 2011, to serve their responses to GMAC's Discovery and to BofA's Discovery, respectively, and that thhe fact discovery cut-off shall be extended to September 29, 2011 for this purpose alone.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE