Opinion
Case No. 3:11-cv-03641-JCS
10-31-2011
SARIQUE, ELGIN AND DAISY, individuals, Plaintiffs, v. BANK OF AMERICA, N.A. (A.K.A. BANK OF AMERICA HOME LOANS), a Corporation, NATIONAL BANK ASSOCIATION, a Corporation; PRLAP INC., a Corporation; and DOES 1 through 50, inclusive, Defendants.
LAW OFFICES OF KENNETH R. GRAHAM
Kenneth R. Graham, SB #216733
Attorneys for Plaintiff
BRYAN CAVE LLP
C. Scott Greene California Bar No. 277445
Tracy M. Talbot, California Bar No. 259786
Edward Chung, California Bar No. 256616
Attorneys for Defendants Bank of America, N.A. and PRLAP, Inc.
HON. JOSEPH C. SPERO
JOINT STIPULATION RESCHEDULING
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
[L.R. 6-1(a)]
STIPULATION
Defendants Bank of America, N.A. and PRLAP, Inc. ("Defendants"), and Plaintiffs Elgin Sarique and Daisy Sarique ("Plaintiffs"), by and through their counsel of record, hereby stipulate and agree as follows:
1. Defendants Bank of America, N.A. and PRLAP, Inc. removed this matter from Santa Clara County Superior Court on July 25, 2011.
2. The parties previously stipulated to two extensions for Defendants to respond to the Complaint 15 days to August 16, 2011 and then 60 days to October 17, 2011.
3. The parties then stipulated for Defendants to respond to the Complaint no later than January 18, 2012.
4. A Case Management Conference is scheduled for November 4, 2011.
5. The parties agree that a Case Management Conference on this date would be premature in light of current settlement discussions and the fact that Defendants have not yet responded to the Complaint.
6. The parties agree to continue the Case Management Conference to a date after January 18, 2012, the deadline for Defendants to respond to the Complaint.
7. The parties believe that the later case management conference will prevent unnecessary consumption of expense and time to both the parties and judicial resources.
8. The stipulation will not result in prejudice to any party and its impact on judicial proceedings is not expected to be significant.
9. Nothing in this stipulation shall constitute a waiver of any arguments or defenses that Defendants or Plaintiffs may wish to assert in their pleadings, all of which are expressly reserved.
IT IS SO STIPULATED.
LAW OFFICES OF KENNETH GRAHAM
Kenneth R. Graham
Attorney for Plaintiffs
ELGIN SARIQUE and DAISY SARIQUE
BRYAN CAVE LLP
C. Scott Green
Tracy M. Talbot
Edward Chung
Edward Chung
Attorneys for Defendants
BANK OF AMERICA, N.A. and PRLAP, INC.
[PROPOSED] ORDER
Having reviewed the stipulation of Plaintiffs ELGIN SARIQUE and DAISY SARIQUE and Defendants BANK OF AMERICA, N.A. and PRLAP, INC. and good cause appearing,
IT IS HEREBY ORDERED that the Case Management Conference is rescheduled to January 27, 2012 at 1:30 p.m. An updated joint cmc statement shall be due by Jan. 20, 2012.
Judge Joseph C. Spero