WILLIAM ALSUP, District Judge.
The Parties, by and through their undersigned counsel, hereby recite and stipulate, subject to the Court's approval as provided for herein, as follows:
1. On January 29, 2015, Plaintiffs Mohammed S. Hussein and Rozina Hussein ("Plaintiffs") filed their complaint in this action against The Bank of New York Mellon, fka The Bank of New York, as Trustee on Behalf of the Holders of the Alternative Loan Trust 2007-OH2, Mortgage Pass-Through Certificates, Series 2007-OH2 ("BONY") Select Portfolio Servicing, Inc. ("SPS"), and National Default Servicing Corporation ("NDSC", collectively "Defendants") in the Alameda County Superior Court.
2. On February 27, 2015, Defendants removed this matter to this Court. ECF # 1. On this same day, this case was assigned to Magistrate Judge Kandis A. Westmore.
3. On March 2, 2015, Magistrate Judge Westmore issued an Initial Case Management Scheduling Order with ADR Deadlines. ECF # 5. This Order set the initial case management conference for May 26, 2015.
4. On March 6, 2015, Defendants filed their Motion to Dismiss. ECF # 11. The hearing on this motion was set for April 16, 2015. On this same day, Defendants filed their Consent to Proceed Before a US Magistrate Judge. ECF #10.
5. On March 20, 2015, Plaintiffs filed their Opposition to Defendants' motion. ECF #14. And on March 27, 2015, Defendants filed their reply. ECF # 15.
6. On April 13, 2015, the matter was assigned to this Court due to Plaintiffs' failure to consent to Magistrate Judge Westmore. ECF # 21.
7. On April 16, 2015, Defendants re-filed their Motion To Dismiss and noticed it before this Court. ECF # 22. The hearing on this motion was set for May 28, 2015.
8. On April 17, 2015, the Court issued a Minute Order setting the initial case management conference for May 28, 2015. ECF # 24.
9. On April 28, 2015, the Court issued an Order granting Defendants' Motion To Dismiss and vacating the hearing date. ECF # 26. This Order gave Plaintiffs until May 12, 2015, at noon to file a motion for leave to file an amended complaint.
10. On May 12, 2015, Plaintiffs filed their motion for leave to file an amended complaint. ECF # 27. The hearing on the motion is set to occur on July 2, 2015. ECF # 28. As the case is not yet at issue, and given the July 2 hearing on Plaintiffs' motion, the Parties request that the May 28, 2015, initial case management conference be continued to July 2, 2015 or to a later alternative time convenient to the Court. In addition to allowing the Parties' counsel to focus their efforts on the currently pending motion for leave, the continuance will also allow the Parties to best preserve their resources.
The Parties stipulate to a continuance of the May 28, 2015, initial case management conference (and related briefing statements) to July 2, 2015, or to a later alternative date convenient to the Court.
Plaintiffs Mohammed S. Hussein and Rozina Hussein ("Plaintiffs") and Defendants The Bank of New York Mellon, fka The Bank of New York, as Trustee on Behalf of the Holders of the Alternative Loan Trust 2007-OH2, Mortgage Pass-Through Certificates, Series 2007-OH2 ("BONY") Select Portfolio Servicing, Inc. ("SPS"), and National Default Servicing Corporation's ("NDSC," collectively "Defendants") Stipulated Request to Continue the May 28, 2015, Initial Case Management Conference in this matter was filed on May 13, 2015. reviewed the Stipulation and finding good cause orders that:
The stipulated request is GRANTED. The May 28, 2015, Initial Case Management Conference in this matter is continued to 2015.
I hereby certify that on May 14, 2015, I electronically filed the foregoing:
with the Clerk of the Court using the CM/ECF system, which will send notification of such filing tot he following persons in accordance with the Federal Rules of Civil Procedure at the email addresses listed below:
I declare under penalty of perjury under the laws of the States of California that the foregoing is true and correct and that this document was executed on May 14, 2015, at Sacramento, California.