Filed: Jun. 10, 2015
Latest Update: Jun. 10, 2015
Summary: STIPULATION TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT BETH LABSON FREEMAN , District Judge . Plaintiff Francisco Guzman ("Plaintiff"), by and through his counsel of record, Elliot W. Gale, Esq. of Sagaria Law, P.C., and Defendant SunTrust Mortgage, Inc. ("SunTrust"), by and through its counsel of record, Hunter R. Eley, Esq. of Doll Amir & Eley LLP, hereby submit this stipulation to continue the hearing date for Defendant Suntrust Mortgage, Inc.,
Summary: STIPULATION TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT BETH LABSON FREEMAN , District Judge . Plaintiff Francisco Guzman ("Plaintiff"), by and through his counsel of record, Elliot W. Gale, Esq. of Sagaria Law, P.C., and Defendant SunTrust Mortgage, Inc. ("SunTrust"), by and through its counsel of record, Hunter R. Eley, Esq. of Doll Amir & Eley LLP, hereby submit this stipulation to continue the hearing date for Defendant Suntrust Mortgage, Inc., ..
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STIPULATION TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT
BETH LABSON FREEMAN, District Judge.
Plaintiff Francisco Guzman ("Plaintiff"), by and through his counsel of record, Elliot W. Gale, Esq. of Sagaria Law, P.C., and Defendant SunTrust Mortgage, Inc. ("SunTrust"), by and through its counsel of record, Hunter R. Eley, Esq. of Doll Amir & Eley LLP, hereby submit this stipulation to continue the hearing date for Defendant Suntrust Mortgage, Inc., Motion To Dismiss Complaint ("Motion to Dismiss").
WHEREAS:
1. Plaintiff filed the Complaint in this adversary proceeding on December 10, 2014;
2. Plaintiff served the Complaint on SunTrust Mortgage, Inc., with a Notice of Acknowledgement and Receipt, which was signed and returned to Plaintiff's counsel on December 29, 2014;
3. SunTrust filed its Motion to Dismiss on March 4, 2015;
4. The hearing on the Motion to Dismiss is currently on calendar for June 11, 2015 at 9:00 a.m.
5. The parties have been engaged in good faith settlement discussions and would like additional time to pursue those discussions prior to moving forward with Motion practice;
6. Counsel for SunTrust has communicated with the Courtroom Deputy to the Hon. Beth Labson Freeman regarding the next available hearing date and has reserved August 27, 2015 for the rescheduled Motion to Dismiss hearing (pending approval by this Court);
7. The parties therefore respectfully request that the Motion to Dismiss currently scheduled to be heard on June 11, 2015 at 9:00 a.m. be continued to August 27, 2015 at 9:00 a.m.
NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:
The hearing date for SunTrust's Motion to Dismiss Plaintiff's Complaint be continued from June 11, 2015 at 9:00 a.m. to August 27, 2015 at 9:00 a.m.
[PROPOSED] ORDER CONTINUING MOTION TO DISMISS PLAINTIFF'S COMPLAINT
Good cause having been shown, the Motion to Dismiss Plaintiff's Complaint scheduled for June 11, 2015 at 9:00 a.m. is continued, and shall be held on August 27, 2015 at 9:00 a.m. in the San Jose Courthouse, Courtroom 3- 5th Floor, 280 South 1st Street, San Jose, CA 95113.
PURSUANT TO THE STIPULATION IT IS SO ORDERED.
