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Brooks v. FC1 Lender Services, Inc., 16-CV-02598-KJM-KJN. (2017)

Court: District Court, E.D. California Number: infdco20170426a56 Visitors: 12
Filed: Apr. 24, 2017
Latest Update: Apr. 24, 2017
Summary: [PROPOSED] ORDER ON JOINT STIPULATION FOR SECOND EXTENSION OF TIME FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT KENDALL J. NEWMAN , Magistrate Judge . TO THE CLERK OF THE COURT AND THE HONORABLE KENDALL J. NEWMAN, JUDGE: Plaintiffs JOHN BROOKS AND LAURA BROOKS ("plaintiffs") in pro se and defendants FC1 LENDER SERVICES, INC ("FCI") and SN SERVICING CORPORATION (collectively, the "parties"), through their respective counsel of record, hereby submit the following joint stipulation a
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[PROPOSED] ORDER ON JOINT STIPULATION FOR SECOND EXTENSION OF TIME FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT

TO THE CLERK OF THE COURT AND THE HONORABLE KENDALL J. NEWMAN, JUDGE:

Plaintiffs JOHN BROOKS AND LAURA BROOKS ("plaintiffs") in pro se and defendants FC1 LENDER SERVICES, INC ("FCI") and SN SERVICING CORPORATION (collectively, the "parties"), through their respective counsel of record, hereby submit the following joint stipulation and proposed order that would extend for a second time the deadline for plaintiffs to file an amended pleading. Grounds for the stipulation and proposed order are as follows:

1. On March 10, 2017 this Court extended Plaintiffs' deadline to file a new pleading until April 24, in light of the commencement of settlement discussion between Plaintiffs and their lender (MDJ). [Doc. 33]. Initially, this Court authorized a First Amended Complaint was to be filed and served by March 9, 2017, upon the grant of FCI's (Servicer) motion to dismiss. [Doc. 31]. 2. Such discussions are now nearing completion, and the parties have moved significantly closer to resolution, though a deal has not yet been struck. 3. There is a reasonable prospect that a deal will be reached in these current negotiations that will resolve the entire action without further litigation, hopefully. 4. For purposes of judicial economy, Plaintiffs and Defendants therefore stipulate to a proposed order extending for a second time the time to for the Plaintiffs to file a First Amended Complaint. 5. The Plaintiffs and Defendants request a 45 day extension from the present April 24 date, to and including June 28, 2017, for Plaintiffs' to so amend, should settlement discussions not come to fruition to avoid that filing.

Further, the parties request that the Court not set any further deadlines or status conferences in the interim.

This is the second request for extension, the first having been granted, as noted above.

IT IS SO STIPULATED.

ORDER

Based on the foregoing stipulation, Plaintiffs' shall have until June 8, 2017, to file a First Amended Complaint.

IT IS SO ORDERED.

Source:  Leagle

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