Filed: Jul. 12, 2016
Latest Update: Jul. 12, 2016
Summary: ORDER STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE RICHARD SEEBORG , District Judge . TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT plaintiff NANCY TAMONDONG ("Plaintiff") and defendants WELLS FARGO BANK, N.A. ("Wells Fargo") and HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR MORTGAGEIT SECURITIES CORP. MORTGAGE LOAN TRUST, SERIES 2007-1, MORTGAGE PASS-THROUGH CERTIFICATES ("HSBC") (collectively, "Defendants"), by and through counsel, her
Summary: ORDER STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE RICHARD SEEBORG , District Judge . TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT plaintiff NANCY TAMONDONG ("Plaintiff") and defendants WELLS FARGO BANK, N.A. ("Wells Fargo") and HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR MORTGAGEIT SECURITIES CORP. MORTGAGE LOAN TRUST, SERIES 2007-1, MORTGAGE PASS-THROUGH CERTIFICATES ("HSBC") (collectively, "Defendants"), by and through counsel, here..
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ORDER
STIPULATION TO MODIFY PRELIMINARY INJUNCTION BRIEFING SCHEDULE
RICHARD SEEBORG, District Judge.
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT plaintiff NANCY TAMONDONG ("Plaintiff") and defendants WELLS FARGO BANK, N.A. ("Wells Fargo") and HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR MORTGAGEIT SECURITIES CORP. MORTGAGE LOAN TRUST, SERIES 2007-1, MORTGAGE PASS-THROUGH CERTIFICATES ("HSBC") (collectively, "Defendants"), by and through counsel, hereby stipulate and agree to modifying the briefing schedule set by the Court in its Temporary Restraining Order and Order to Show Cause. Defendants' new deadline to file any opposition to issuance of preliminary injunction in response to the Order to Show Cause issued on July 5, 2016 (Document 10) shall be August 19, 2016. Within 3 days of filing any such opposition, Plaintiff may file a reply.
RECITALS
WHEREAS, on July 1, 2016, Plaintiff filed an ex parte application in this matter for temporary restraining order and/or preliminary injunction;
WHEREAS, on July 5, 2016, the Court issued a Temporary Restraining Order and pursuant to the Order To Show Cause set the following briefing schedule:
• Within 7 days of receipt of this order, defendants shall file any opposition to issuance of a preliminary injunction that would enjoin the trustee's sale during the pendency of this action;
• Within 3 days of filing of any opposition, plaintiff may file a reply;
WHEREAS, the Court's July 5, 2016 order also provided that "[t]he parties may meet and confer to negotiate a less compressed briefing schedule, provided defendants agree to continue the foreclosure sale to a date at least two weeks beyond the time the reply brief is due;
WHEREAS, Plaintiff and Defendants (collectively, the "Parties") have met and conferred and agree to modify the briefing schedule set by the Court;
WHEREAS, Defendants agree to continue the foreclosure sale date to no sooner than September 5, 2016;
WHEREAS, the Parties believe that a modified briefing schedule would be in the Parties' best interests to permit the Parties time to evaluate the matter and potential for amicable resolution;
WHEREAS, in light of the foregoing, the Parties agree to the following modified briefing schedule:
• Defendants shall file any opposition to issuance of a preliminary injunction that would enjoin the trustee's sale during the pendency of this action by August 19, 2016;
• Within 3 days of filing of any opposition, Plaintiff may file a reply;
WHEREAS, this stipulation and proposed Order is being sought in good faith, and all parties are aware of this request for a continuance and agree that the relief sought is in the best interests of both Parties;
STIPULATION
IT IS HEREBY STIPULATED, subject to the Court's approval, by and between Plaintiff and Wells Fargo, as follows:
1. That Defendants' deadline to file any opposition to issuance of preliminary injunction that would enjoin the trustee's sale during the pendency of this action shall be continued from July 12, 2016 to August 19, 2016;
2. That within 3 days of filing any opposition, Plaintiff may file a reply; and
3. The Temporary Restraining Order shall remain in effect until September 5, 2016, which is at least two weeks beyond the time Plaintiff's reply brief is due.
IT IS SO STIPULATED:
ORDER
Pursuant to the stipulation of the parties and GOOD CAUSE APPEARING:
IT IS HEREBY ORDERED that Defendants' deadline to file any opposition to issuance of preliminary injunction that would enjoin the trustee's sale during the pendency of this action shall be August 19, 2016. Within 3 days of filing any opposition, Plaintiff may file a reply. The Temporary Restraining Order issued by the Court on July 15, 2016 shall stay in effect until September 5, 2016.
IT IS SO ORDERED.