Filed: Feb. 10, 2017
Latest Update: Feb. 10, 2017
Summary: STIPULATION TO CONTINUE HEARING DATE AND BRIEFING SCHEDULES ON DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER RICHARD SEEBORG , District Judge . TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD: Plaintiffs Enayatollah Nadaf-Rahrov and Forough Nadaf-Rahrov (collectively "Plaintiffs") and Defendants Shellpoint Mortgage Servicing and Bank of New York Mellon. ("Defendants") by and through their counsel of record, hereby respectfully submit this stipulated request to continue
Summary: STIPULATION TO CONTINUE HEARING DATE AND BRIEFING SCHEDULES ON DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER RICHARD SEEBORG , District Judge . TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD: Plaintiffs Enayatollah Nadaf-Rahrov and Forough Nadaf-Rahrov (collectively "Plaintiffs") and Defendants Shellpoint Mortgage Servicing and Bank of New York Mellon. ("Defendants") by and through their counsel of record, hereby respectfully submit this stipulated request to continue ..
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STIPULATION TO CONTINUE HEARING DATE AND BRIEFING SCHEDULES ON DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER
RICHARD SEEBORG, District Judge.
TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD:
Plaintiffs Enayatollah Nadaf-Rahrov and Forough Nadaf-Rahrov (collectively "Plaintiffs") and Defendants Shellpoint Mortgage Servicing and Bank of New York Mellon. ("Defendants") by and through their counsel of record, hereby respectfully submit this stipulated request to continue the currently scheduled hearing date and briefing schedule associated with Defendants' Motion to Dismiss, currently scheduled for March 16, 2017.
On November 1, 2016, Plaintiffs filed this action. ECF No. 1. Simultaneously with this filing, Plaintiffs filed an ex parte application for a temporary restraining order restraining the foreclosure sale of the relevant property. ECF No. 4.
On January 30, 2017, Defendants filed a Motion to Dismiss Plaintiffs' Complaint. The following briefing schedule is associated with the Motion to Dismiss:
• February 13, 2017 — Plaintiffs' deadline to submit their responses to Defendants' motion; and
• February 21, 2017 — Defendants' deadline to submit their reply brief in support of their motion.
Defendants' Motion to Dismiss is scheduled for hearing on March 16, 2017. ECF. 30.
The Mellen Law Firm has just learned that Plaintiffs seek to substitute in new representation for this action. Thus, given the foregoing, and in order to allow Plaintiffs the time necessary to obtain and substitute in new counsel, the Parties' counsel stipulate and agree to a continue the hearing and briefing schedule associated with Defendants' Motion to Dismiss as set forth below:
• March 15, 2017 — Plaintiffs' deadline to submit their responses to Defendants' motion;
• March 22, 2017 — Defendants' deadline to submit their reply brief in support of their motion; and
• April 20, 2017 at 1:30 pm. — hearing on Defendants' Motion to Dismiss. This stipulation is not being made for the purpose of delay or any other improper reason.
Plaintiffs and Defendants so stipulate.
ATTESTATION OF SIGNATURE:
I attest under penalty of perjury under the laws of the United States of America that I have received the concurrence in the filing of this document from the listed signatories as required by Local Rule 5.1(i)(3).
ORDER
The Court, having reviewed the Parties' stipulation and finding good cause to issue an Order thereon, hereby grants the Parties stipulation and orders the following briefing schedule with regard to Defendants' Motion to Dismiss:
• March 15, 2017 — Plaintiffs' deadline to submit their responses to Defendants' motion;
• March 22, 2017 — Defendants' deadline to submit their reply brief in support of their motion; and
• April 20, 2017 at 1:30 pm. — hearing on Defendants' Motion to Dismiss.
IT IS SO ORDERED.
