Opinion
Case No.: 4:11-cv-00055 SBA
10-17-2011
DIANA ENGEL, an individual, Plaintiff, v. WASHINGTON MUTUAL BANK, FA, a business entity, form unknown; NATIONAL CITY BANK, a business entity, form unknown; ALLIANCE TITLE COMPANY, a business entity, form unknown; UNITED TITLE AND SETTLEMENT, a business entity, form unknown; CALIFORNIA RECONVEYANCE COMPANY, a business entity, form unknown; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a business entity, form unknown; and DOES 1-100, inclusive, Defendants.
WOLFE & WYMAN LLP STUART B. WOLFE MARCUS T. BROWN Attorneys for Defendant PNC BANK, NATIONAL ASSOCIATION, as successor by merger to National City Bank (named as "National City Bank") LEPERA & ASSOCIATES, PC JOSEPH A. LEPERA Attorneys for Plaintiff DIANA ENGEL MORRISON & FOERSTER LLP BRIAN L. LEVINE Attorneys for Defendant CALIFORNIA RECONVEYANCE COMPANY
Stuart B. Wolfe (SBN 156471)
sbwolfe@wolfewyman.com
Marcus T. Brown (SBN 255662)
mtbrown@wolfewyman.com
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: (925) 280-0004
Facsimile: (925) 280-0005
Attorneys for Defendant
PNC BANK, NATIONAL ASSOCIATION, as
successor by merger to National City Bank
(named as "National City Bank")
Assigned For All Purposes To:
Hon. Saundra Brtohwn Armstrong
Courtroom 1 - 4th Floor
STIPULATION AND ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Place: By Telephone
Defendant PNC BANK, NATIONAL ASSOCIATION, as successor by merger to National City Bank (named as "National City Bank") ("PNC"), Plaintiff DIANA ENGEL ("Plaintiff") and Defendant CALIFORNIA RECONVEYANCE COMPANY ("CRC") (collectively, the "Parties") hereby stipulate as follows:
WHEREAS, the Initial Case Management Conference ("CMC") is scheduled to occur by telephone on October 26, 2011;
WHEREAS, the Parties have met and conferred through their attorneys regarding the status of the case and the upcoming CMC;
WHEREAS, PNC's motion to dismiss Plaintiff's complaint is under submission with the court;
WHEREAS, per the agreement of Plaintiff, CRC has not filed a response to the complaint, and the case is not at issue;
WHEREAS, counsel for CRC reports that Plaintiff sold the subject real property on or about August 26, 2011;
WHEREAS, in light of the reported sale of the property, Plaintiff's counsel requires additional time to confer with his client regarding whether she wishes to continue to prosecute this case; and
WHEREAS, given the foregoing, the Parties believe that it would be inefficient to hold the CMC on October 26 and that the case will not be ripe for scheduling or other case management at that time, and
THEREFORE, IT IS HEREBY STIPULATED THAT the Initial Case Management Conference, currently set for October 26, 2011, shall be continued at least 60 days to allow additional time for Plaintiffs counsel to confer with his client and for the court to rule on PNC's motion to dismiss.
IT IS SO STIPULATED.
WOLFE & WYMAN LLP
By: STUART B. WOLFE
MARCUS T. BROWN
Attorneys for Defendant
PNC BANK, NATIONAL ASSOCIATION, as
successor by merger to National City Bank (named
as "National City Bank")
LEPERA & ASSOCIATES, PC
By: JOSEPH A. LEPERA
Attorneys for Plaintiff
DIANA ENGEL
MORRISON & FOERSTER LLP
By: BRIAN L. LEVINE
Attorneys for Defendant
CALIFORNIA RECONVEYANCE COMPANY
ORDER
The Court, having reviewed the Stipulation Continuing Case Management Conference, and Good Cause appearing therefore, makes the following Order:
IT IS HEREBY ORDERED THAT the telephonic Case Management Conference currently scheduled for October 26, 2011, is CONTINUED to January 25, 2012 at 2:45 p.m. Prior to the date scheduled for the conference, the parties shall meet and confer and prepare a joint Case Management Conference Statement. The joint statement shall be filed no later than seven (7) days prior to the conference and shall comply with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiff shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 637-3559 at the above indicated date and time.
IT IS SO ORDERED.
Hon. Saundra Brown Armstrong
U.S. DISTRICT COURT JUDGE