Opinion
CASE NO. C 11-00920-SC
11-22-2011
NADER SHATERIAN, Plaintiff, v. WELLS FARGO BANK, NATIONAL ASSOCIATION; CAL-WESTERN RECONVEYANCE CORPORATION; and DOES 1-50, Inclusive Defendants.
Christopher A. Carr (#44444) Viddell Lee Heard (#175049) ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP Attorneys for Defendant WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB
Christopher A. Carr (#44444)
Viddell Lee Heard (#175049)
ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP
Attorneys for Defendant
WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank Southwest, N.A.,
f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB
[Assigned to the Honorable Judge Samuel Conti]
STIPULATION AND ORDER FOR CONTINUANCE OF NOVEMBER 29, 2011 CASE MANAGEMENT CONFERENCE
Date: to be reset
Time: to be reset
Courtroom: 1
By this stipulation, the parties to this action request that the Court continue the Case Management Conference in this action, currently scheduled for November 29, 2011, for approximately 60 days.
The reasons for this request are as follows. First, the parties have recently been having productive discussions regarding a potential settlement, and would like to direct their energies toward those discussions in advance of the Case Management Conference. Second, the parties are continuing to analyze the Court's November 7, 2011 Order regarding the motion to dismiss and to determine the Order's effect on various case management and settlement issues. Third, defendant Cal-Western Reconveyance Corporation filed a Declaration of Non-Monetary Status prior to the case being removed to Federal Court. Plaintiff contends that this Declaration was not effective to make Cal-Western a Nominal Party, because the case was removed to Federal Court before 15 days had passed from the date the Declaration was filed, and Plaintiff subsequently filed an Objection to the Declaration of Non-Monetary Status (Doc #15). Cal-Western filed a Reply to this opposition (Doc. #36), but the Court has not ruled as to whether Cal-Western is or is not a nominal party. Fourth, Nicole Neff of the Wright Finley firm, counsel for defendant Cal Western, is on her honeymoon until November 30, and it is desired that she participate in the conference and the parties' other discussions.
STIPULATION
Plaintiff Nader Shaterian ("Plaintiff") and Defendants Wells Fargo Bank, N.A. and Cal-Western Reconveyance Corporation, by and through their respective counsel, hereby stipulate and request this Court continue the Case Management Conference currently scheduled for November 21, 2011 for approximately 60 days, with a corresponding continuance for the filing of a joint Case Management Statement.
ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP
Viddell Lee Heard
Attorneys for Defendant Wells Fargo
Bank, National Association
BLOOMFIELD LAW GROUP, INC.
A Professional Corporation
Neil Jon Bloomfield
Attorneys for Plaintiff Nader Shaterian
WRIGHT, FINLAY & ZAK, LLP
Nicole K. Neff, Esq.
Attorneys for Defendant Cal-Western
Reconveyance Corporation
DECLARATION OF CONSENT
Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from the above-listed counsel for Defendants Wells Fargo Bank, N.A. and Cal-Western Reconveyance Corporation
Viddell Lee Heard
ORDER
PURSUANT TO STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED that the Case Management Conference currently scheduled for November 21, 2011 is continued to 2/10, 2012 at 9:00 a.m.
Judge Samuel Conti
CERTIFICATE OF SERVICE
I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the City of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459.
On the date below, I served a copy of the following documents entitled:
STIPULATION AND ORDER FOR CONTINUANCE OF NOVEMBER 29, 2011
CASE MANAGEMENT CONFERENCE
on all interested parties in said case addressed as follows:
Served Electronically Via The Court's CM/ECF System:
Counsel for Plaintiff
Neil Jon Bloomfield, Esq.
Randall L. Hornibrook, Esq.
BLOOMFIELD LAW GROUP, INC.
901 E. St., Ste. 100
San Rafael, CA 94901
Tel: 415.454.2294 Fax: 415.457.5348
njbloomfield@njblaw.com
Counsel for Defendant,
CAL-WESTERN RECONVEYANCE
CORPORATION
Robin Prema Wright, Esq.
Nicole K. Neff, Esq.
WRIGHT, FINLAY & ZAK, LLP
4665 MacArthur Ct., Ste. 280
Newport Beach, CA 92660
Tel: 949.477.5050 Fax: 949.477.9200
rwright@wrightlegal.net
nneff@wrightlegal.net
[] BY MAIL: By placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with the firm's practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Pasadena, California, in sealed envelopes with postage fully thereon.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. This declaration is executed in Pasadena, California, on November 21, 2011.
Christine L. Daniel
(Print name)
Christine L. Daniel
(Signature)