Opinion
Case No. CV 11 - 04439 PSG
11-23-2011
VANNA LEN, an individual, Plaintiff, v. JPMORGAN CHASE, NA F/K/A WASHINGTON MUTUAL NA; BANK OF AMERICA, N.A. F/K/A LASALLE BANK, NA AS TRUSTEE FOR WA MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2007-OC2 TRUST; and DOES 1 through 10, inclusive, Defendants.
PROSPER LAW GROUP LLC Michael Thompson Attorneys for Plaintiff VANNA LEN BRYAN CAVE LLP Elizabeth V. Coleman Attorneys for Defendant JP MORGAN CHASE BANK, NA, as acquirer of certain assets and liabilities of WASHINGTON MUTUAL BANK NA from the FDIC, as Receiver for Washington Mutual Bank, N.A and U.S. BANK NATIONAL ASSOCIATION, successor in interest to Bank of America, N.A. F/K/A La Salle Bank, NA, as Trustee for WA Mutual Mortgage Pass-Through Certificates WMalt Series 2007-OC2 Trust
BRYAN CAVE LLP
C. Scott Greene, California Bar Number 277445
Elizabeth V. Coleman, California Bar Number 209430
BRYAN CAVE LLP
Sean Muntz, California Bar No. 223549
Attorneys for Defendants
JP MORGAN CHASE BANK, N.A., as acquirer of certain
assets and liabilities of Washington Mutual Bank
from the Federal Deposit Insurance Corporation, as
Receiver for Washington Mutual Bank and U.S. BANK
NATIONAL ASSOCIATION, successor to Bank of America,
as Trustee for WA Mutual Mortgage Pass-Through Certificates
WMalt Series 2007-OCT Trust
JOINT STIPULATION TO STAY PROCEEDINGS FOR SIXTY DAYS AND
FURTHER EXTEND DEFENDANTS' TIME TO FILE A RESPONSE TO
PLAINTIFF'S COMPLAINT; [PROPOSED] ORDER
STIPULATION
Plaintiff VANNA LEN ("Plaintiff") and Defendants JP MORGAN CHASE BANK, N. A, as acquirer of certain assets and liabilities of WASHINGTON MUTUAL BANK from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank ("JPMORGAN") and U.S. BANK NATIONAL ASSOCIATION, successor in interest to Bank of America, N.A. F/K/A La Salle Bank, NA, as Trustee for WA Mutual Mortgage Pass-Through Certificates WMalt Series 2007-OC2 Trust ("USBANK) (collectively "Defendants") by and through their respective counsel, STIPULATE and AGREE as follows:
WHEREAS, Plaintiff in this action filed a verified complaint on September 7, 2011;
WHEREAS, a Case Management Conference is presently scheduled for December 1, 2011, at 10:00 a.m.;
WHEREAS, the parties are working diligently in the hopes that this dispute can be resolved, and do not wish to incur any unnecessary expenses or expend judicial resources unnecessarily;
WHEREAS, Plaintiff and JPMORGAN have only once previously requested an extension of time to November 4, 2011, for JPMORGAN to file a response to the complaint;
WHEREAS, the parties have agreed to stay all proceedings in this action for sixty (60) days, until January 21, 2012, and grant an additional 60 day extension of time for Defendants to file a response to the Complaint;
WHEREAS, the stay and extension of time requested herein will not result in prejudice to any parties or to the Court;
IT IS SO STIPULATED by Plaintiff and Defendants, by and through their respective counsel, and the Court is respectfully requested to order that all proceedings in this action shall be stayed until January 21, 2012, and Defendants' response to Plaintiff's Complaint will be due on January 21, 2012.
Respectfully submitted,
PROSPER LAW GROUP LLC
Michael Thompson
Attorneys for Plaintiff VANNA LEN
BRYAN CAVE LLP
Elizabeth V. Coleman
Attorneys for Defendant JP MORGAN CHASE
BANK, NA, as acquirer of certain assets and
liabilities of WASHINGTON MUTUAL BANK NA
from the FDIC, as Receiver for Washington Mutual
Bank, N.A and U.S. BANK NATIONAL
ASSOCIATION, successor in interest to Bank of
America, N.A. F/K/A La Salle Bank, NA, as Trustee
for WA Mutual Mortgage Pass-Through Certificates
WMalt Series 2007-OC2 Trust
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Elizabeth V. Coleman, attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 22, 2011, at San Francisco, California.
Elizabeth V. Coleman
[PROPOSED] ORDER
Having reviewed the above Stipulation of the parties and good cause appearing therefore. IT IS HEREBY ORDERED that all proceedings in this action shall be stayed until January 21, 2012, Defendants J.P. MORGAN CHASE BANK, N.A., as acquirer of certain assets and liabilities of WASHINGTON MUTUAL BANK from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank ("JPMORGAN") and U.S. BANK NATIONAL ASSOCIATION as successor in interest to Bank of America, N.A. F/K/A La Salle Bank, NA as Trustee for WA Mutual Mortgage Pass-Through Certificates WMalt Series 2007-OC2 Trust ("USBANK) shall have up to and including January 21,2012 to respond to Plaintiff's Complaint.
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Judge of the U.S. District Court, Northern District