Filed: Apr. 19, 2011
Latest Update: Apr. 19, 2011
Summary: STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER MORRISON C. ENGLAND Jr., District Judge. TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortg
Summary: STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER MORRISON C. ENGLAND Jr., District Judge. TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortga..
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STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER
MORRISON C. ENGLAND Jr., District Judge.
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates ("BOA"), Defendant GMAC MORTGAGE, LLC ("GMAC"), and Defendant DOE 1, UNITED STATES OF AMERICA ("US"), by and through their respective counsel of record herein. The parties stipulate and hereby seek the Court to continue all pre-trial dates currently set forth in the Scheduling Order based on good cause and agreement of the parties.
WHEREAS, BOA, GMAC and US are currently the only active, non-defaulted, parties in the action; and
WHEREAS, GMAC has only recently appeared in the action; and
WHEREAS, GMAC has only recently obtained counsel to represent it in this action; and
WHEREAS, BOA, GMAC and US are currently seeking to resolve this matter without further Court intervention; and
WHEREAS, the Trial Date of February 13, 2012 as currently set forth in the Scheduling Order, will remain the same; and
WHEREAS, no previous stipulation and request for a modification of the scheduling order or request for continuance of a trial date has been made; and
WHEREAS, the stipulation and request will not prejudice the parties;
NOW THEREFORE, good cause exists to modify the Scheduling Order relating to all pre-trial dates, except the trial date, as follows:
Discovery Cut-Off Deadline September 16, 2011
(Old Date: April 13, 2011)
Expert Witness Disclosure November 4, 2011
(Old Date: June 13, 2011)
Dispositive Motion Filing Deadline October 10, 2011
(Old Date: June 16, 2011)
Opposition Filing Deadline October 31, 2011
(Old Date: July 7, 2011)
Reply Filing Deadline November 14, 2011
(Old Date: July 21, 2011)
Hearing on Dispositive Motion November 24, 2011 at 2:00 p.m.
(Old Date: August 11, 2011)
Pre-Trial Conference January 19, 2012 at 2:00 p.m.
(Old Date: December 15, 2011)
Statement Filing Deadline December 28, 2011
(Old Date: November 23, 2011)
Trial Brief Filing Deadline January 5, 2012
(Old Date: December 1, 2011)
Evidentiary and Procedural Motions Deadline December 28, 2011
(Old Date: November 23, 2011)
Opposition Filing Deadline January 5, 2012
(Old Date: December 1, 2011)
Reply Filing Deadline January 12, 2012
(Old Date: December 8, 2011)
NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the foregoing modification.
ORDER
Having reviewed the foregoing stipulation, the Court finds that good cause has been shown for modification of the Court's Pretrial Scheduling Order under the circumstances. Because the timing of the proposed continued dates are not workable within the confines of the currently scheduled Final Pretrial Conference and trial date, however, the trial in this matter will be continued to July 2, 2012. The remaining dates will be scheduled in conjunction with that new trial date and will be set forth within a comprehensive Amended Pretrial Scheduling Order to be issued by the Court shortly.
IT IS SO ORDERED.
