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BRINK v. ALTERNATIVE LOAN TRUST 2006-39CB, 2:13-cv-00862 LKK DAD PS. (2013)

Court: District Court, E.D. California Number: infdco20131015898 Visitors: 12
Filed: Oct. 10, 2013
Latest Update: Oct. 10, 2013
Summary: JOINT STIPULATION TO CONTINUE DEFENDANTS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-39CB AND THE BANK OF NEW YORK MELLON, AS SUCCESSOR TO THE BANK OF NEW YORK, AS TRUSTEE FOR THE CWALT, INC. ALTERNATIVE LOAN TRUST 2006-39CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-39CB'S TIME TO RESPOND TO COMPLAINT AND ORDER DALE A. DROZD, Magistrate Judge. STIPULATION Defendants CWALT, Inc., Alternative Loan Trust 2006-39CB and The Bank of New York Mellon, as successor to The Bank of New York, as Tru
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JOINT STIPULATION TO CONTINUE DEFENDANTS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-39CB AND THE BANK OF NEW YORK MELLON, AS SUCCESSOR TO THE BANK OF NEW YORK, AS TRUSTEE FOR THE CWALT, INC. ALTERNATIVE LOAN TRUST 2006-39CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-39CB'S TIME TO RESPOND TO COMPLAINT AND ORDER

DALE A. DROZD, Magistrate Judge.

STIPULATION

Defendants CWALT, Inc., Alternative Loan Trust 2006-39CB and The Bank of New York Mellon, as successor to The Bank of New York, as Trustee for the CWALT, Inc. Alternative Loan Trust 2006-39CB, Mortgage Pass-Through Certificates, Series 2006-39CB (collectively, "Defendants"), by and through their counsel of record and Plaintiff David L. Brink ("Plaintiff"), hereby stipulate and agree as follows:

1. Plaintiff filed his Complaint in this action on May 2, 2013.

2. On or around August 10, 2013, Plaintiff mailed process to Defendants' counsel, including a Waiver of Service of Summons, which defense counsel executed and returned to Plaintiff on August 13, 2013.

3. Defendants' deadline to respond to the Complaint is October 9, 2013.

4. There has been one previous time modification entered in this case when the Court granted Defendants' request to continue the Initial Status Conference, from September 6, 2013 to November 8, 2013, along with the parties' respective deadlines for filing status reports.

5. In order to allow additional time for defense counsel to investigate the facts of this case, allow the parties to engage in good faith settlement negotiations, including a possible loan modification review, allow Plaintiff time to seek leave of Court to file an amended Complaint, reduce the costs of litigation for all parties, and unburden the Court's docket, Plaintiff and Defendants agree and stipulate that Defendants' deadline to file a responsive pleading to Plaintiff's Complaint shall be extended twenty-eight (28) days until and including November 6, 2013.

6. This stipulated extension will not result in prejudice to any pay and its impact on judicial proceedings is not expected to be significant.

7. This change will not alter the date of any event or any deadline already fixed by Court order.

IT IS SO STIPULATED.

ORDER

Having reviewed the stipulation of Plaintiff David L. Brink and Defendants CWALT, Inc., Alternative Loan Trust 2006-39CB and The Bank of New York Mellon, as successor to The Bank of New York, as Trustee for the CWALT, Inc. Alternative Loan Trust 2006-39CB, Mortgage Pass-Through Certificates, Series 2006-39CB and good cause appearing, the deadline for Defendants to respond to Plaintiff's Complaint is extended to November 6, 2013.

IT IS SO ORDERED.

Source:  Leagle

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