Free Notice (Other) - District Court of California - California

Case 3:08-cv-00500-JM-RBB

Document 19

Filed 04/29/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

UNITED EMPLOYEES LAW GROUP, P.C. Walter L. Haines, Esq. SBN 71075 Steven D. Waisbren, Esq. SBN 116315 Gregory A. Douglas, Esq. SBN 147166 65 Pine Ave., #312 Long Beach, CA 90802 Tel: (562) 256-1047 Fax: (562) 256-1006 Attorneys for Plaintiffs, Christopher Clark and James Renick

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER CLARK and JAMES RENCIK

) ) ) ) Plaintiffs, ) ) vs. ) ) CHASE HOME FINANCE, LLC; a Delaware Corporation doing business in ) ) California; CHASE MANHATTAN MORTGAGE CORPORATION, a New ) ) Jersey Corporation doing business in California; JAMES BOUDREAU, an ) individual; and DOES 1-25, ) ) Defendant(s). ) _______________________________ )

Case No. 08-CV-0500 JM RBB (San Diego County Superior Court Case No. 37-2007-00883776-CU-OE-CTL)
STIPULATED EX PARTE APPLICATION FOR ORDER CONTINUING EARLY NEUTRAL EVALUATION CONFERENCE; [PROPOSED] ORDER

TO DEFENDANTS CHASE HOME FINANCE LLC, CHASE MANHATTAN MORTGAGE CORPORATION, JAMES BOUDREAU AND

22 23 24 25 26 27 28
1
PLAINTIFF'S EX PARTE APPLICATION FOR ORDER CONTINUING EARLY EVALUATION CONFERENCE

TO THEIR ATTORNEYS OF RECORD: Pursuant to Local Rule 7.1 and the Notice and Order for Early Neutral Evaluation, the parties jointly request that the Early Neutral Evaluation Conference be continued to a date subsequent to the hearing on Plaintiff's Motion to Remand and Defendant's Motion on the Pleadings or, in the

Case 3:08-cv-00500-JM-RBB

Document 19

Filed 04/29/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12

alternative, for Partial Summary Judgment, presently set for hearing on May 16, 2008, and May 30, 2008, respectively. The current date for the Early Neutral Evaluation (ENE) is April 30, 2008. Extraordinary circumstances as set for above make a continuance of the ENE appropriate. While the parties are certainly fully willing to participate in an effort to resolve this dispute, the current date for the ENE seems to be premature for the reasons set forth above. This case is at the very early stages. Defendants signed a Notice of Acknowledgment of Receipt of Plaintiff's First Amended Complainant on March 14, 2008. Defendants filed a Notice of Removal on March 18, 2008 and Plaintiffs filed a Motion to Remand on April 21, 2008. Finally, on April 25, 2008, Defendants filed their Motion for Judgment on the Pleadings or in the alternative

13 14 15 16 17

for Partial Summary Judgment. Given the pending motions now set before this Court in this matter, it is clear that without a continuance of the ENE, the parties will be participating without a clear understanding which, if any, of the claims will remain in federal court. Based upon the foregoing, the parties will not be

18 19 20 21 22 23 24 25 26 27 28
2
PLAINTIFF'S EX PARTE APPLICATION FOR ORDER CONTINUING EARLY EVALUATION CONFERENCE

able to effectively evaluate their respective positions and a continuance of the ENE by this Court is appropriate. For the foregoing reasons, it is respectfully submitted that it is appropriate for this Court to continue the ENE currently set for April 30, 2008, at 8:30 a.m.

Case 3:08-cv-00500-JM-RBB

Document 19

Filed 04/29/2008

Page 3 of 3