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Sullivan v. Washington Mutual Bank, FA, CIV 09 2161 EMC. (2014)

Court: District Court, N.D. California Number: infdco20141103517 Visitors: 2
Filed: Oct. 31, 2014
Latest Update: Oct. 31, 2014
Summary: JOINT STIPULATION FOR EXTENSION OF TIME AND RESPONSE TO ORDER TO SHOW CAUSE; ORDER EDWARD M. CHEN, District Judge. TO THE CLERK OF THE ABOVE-ENTITLED COURT: Defendants JPMorgan Chase Bank, N.A. ("JPMorgan"), California Reconveyance Company ("CRC") and Bank of America, National Association, as successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9 Trust ("B of A") (together, "Defendants"), along with plaintiff Katy Sullivan ("Plaintiff") (
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JOINT STIPULATION FOR EXTENSION OF TIME AND RESPONSE TO ORDER TO SHOW CAUSE; ORDER

EDWARD M. CHEN, District Judge.

TO THE CLERK OF THE ABOVE-ENTITLED COURT:

Defendants JPMorgan Chase Bank, N.A. ("JPMorgan"), California Reconveyance Company ("CRC") and Bank of America, National Association, as successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR9 Trust ("B of A") (together, "Defendants"), along with plaintiff Katy Sullivan ("Plaintiff") (collectively the "Parties"), hereby submit this Joint Stipulation for Extension of Time and Response to Order to Show Cause.

1. Jurisdiction and Service

Plaintiff has named the following as defendants: WASHINGTON MUTUAL BANK, FA, JPMORGAN CHASE BANK, National Association, BANK OF AMERICA, National Association, LASALLE BANK, National Association, CALIFORNIA RECONVEYANCE COMPANY; and Does 1 through 50, inclusive.

This court has jurisdiction, because Plaintiff, in the initial complaint, alleges violations of the Federal Truth in Lending Act ("TILA"). (See Second Amended Complaint.)

2. Status of the Case and Settlement Since Previous Joint Statement:

Plaintiff seeks statutory damages under TILA, as well as general damages. Plaintiff also seeks rescission under TILA. Defendants deny the allegations of the Complaint and contend that they did not participate in the origination process which is the subject of Plaintiff's legal action.

Plaintiff owns a 2 unit condominium which is encumbered by the loan which is the subject of this litigation. Plaintiff and Defendants have arrived at a conditional settlement which contemplates the following:

1) Plaintiff will deed one of the condo units to Defendant, which will then be sold and the proceeds paid to Defendant,

2) Plaintiff will retain the other unit, and Defendant has agreed to modify the existing loan such that the security for that loan will consist solely of a loan on the unit retained by Plaintiff.

The parties have completed the negotiation and drafting of their Settlement Agreement; it has been signed by Plaintiff Katy Sullivan and transmitted to Defendants, but is still in the process of execution by Defendants. A stipulation for dismissal in accord with the terms of the Settlement has been drafted and transmitted along with a form of Order of Dismissal.

The internal execution processes for Defendants is unfortunately lengthy, and a further extension of the Order to Show Cause appearance currently set for November 4, 2014 is hereby agreed and stipulated, and this Joint Stipulation is submitted to request an extension to December 11, 2014.

Accordingly, it is jointly stipulated and requested by and between the parties that this Court set over its current Order to Show Cause appearance to December 11, 2014.

IT IS SO ORDERED that the OSC is continued to 12/11/14 at 1:30 p.m. An updated status report shall be filed by 12/4/14.

Source:  Leagle

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