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STIPULATED REQUEST TO RESERVE HEARING DATES

CASE NO. CV 09-0129 SI

J. GARY GWILLIAM (State Bar No. 33430)

RANDALL E. STRAUSS (State Bar No. 168363)

GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

1999 Harrison Street, Suite 1600

Oakland, California 94612-3528

Telephone: (510) 832-5411

Facsimile: (510) 832-1918

Attorneys for Plaintiffs

Richard Adame, Connie G. Bender, and Constance Davis

PATRICIA K. GILLETTE (State Bar No. 74461)

GREG J. RICHARDSON (State Bar No. 203788)

ORRICK, HERRINGTON & SUTCLIFFE LLP

The Orrick Building

405 Howard Street

San Francisco, California 94105

Telephone: (415) 773-5700

Facsimile: (415) 773-5759

Attorneys for Defendant

Bank of America, National Association

(erroneously sued as “Bank of America”)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RICHARD ADAME, CONNIE G.

BENDER, and CONSTANCE DAVIS

Plaintiff,

v.

BANK OF AMERICA, NATIONAL

ASSOCIATION (erroneously sued as

“Bank of America”)

Defendant.

Case No. CV 09-0129 SI

STIPULATED REQUEST TO RESERVE

HEARING DATES FOR DEFENDANT'S

MOTIONS FOR SUMMARY JUDGMENT

Judge: Hon. Susan Illston

Case 3:09-cv-00129-SI Document 42 Filed 04/14/10 Page 1 of 3
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STIPULATED REQUEST TO RESERVE HEARING DATES

Case No. CV 09-0129 SI

STIPULATION

1. Defendant Bank of America, N.A. intends to file three motions for summary judgment

(one as to each Plaintiff).

2. The parties hereto through their respective attorneys of record hereby stipulate and

agree to set the hearings for Defendant's first motion for on June 11, 2010 at 9:00 a.m. The motion

will follow the regular briefing schedule.

3. The parties hereto through their respective attorneys of record hereby stipulate and

agree to set the hearings for Defendant's second motion for July 16, 2010 at 9:00 a.m. The motion

will follow the regular briefing schedule.

4. The parties hereto through their respective attorneys of record hereby stipulate and

agree to set the hearings for Defendant's third motion for September 17, 2010 at 9:00 a.m.

Defendant's opening brief shall be filed on or before July 23, 2010. Plaintiff's brief in opposition

shall be filed on or before August 6, 2010. Defendant's reply brief shall be filed on or before

September 3, 2010.

5. Both parties agree to the stipulation as indicated by their signatures below. The parties

respectfully request that the Court approve the Stipulation and enter an Order thereupon. A form of

proposed Order is filed herewith.

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STIPULATED REQUEST TO RESERVE HEARING DATES

Case No. CV 09-0129 SI

Respectfully submitted,

Dated: April 12, 2010 J. GARY GWILLIAM

RANDALL E. STRAUSS

GWILLIAM, IVARY, CHIOSSO, CAVALLI &

BREWER

By: /s/Randall E. Strauss

Randall E. Strauss

Attorneys for Plaintiffs

Richard Adame, Connie G. Bender

and Constance Davis

Dated: April 12, 2010 PATRICIA K. GILLETTE

GREG J. RICHARDSON

ORRICK, HERRINGTON & SUTCLIFFE LLP

By: /s/ Patrick K. Gillette

Patricia K. Gillette

Attorneys for Defendant

Bank of America, National Association

Orrick attests that concurrence in the filing of the document has been obtained from the other signatory,

which shall serve in lieu of their signature on the document.

ORDER

The Court having considered the above Stipulation, and good cause appearing therefore,

IT IS HEREBY ORDERED that hearing dates for Defendant's Motions for Summary

Judgment shall be reserved for June 11, 2010; July 16, 2010; and September 17, 2010 at 9:00 a.m. The

parties' modified briefing schedule is hereby adopted.

Hon. Susan Illston

_ UNITED STATES DISTRICT JUDGE

Case 3:09-cv-00129-SI Document 42 Filed 04/14/10 Page 3 of 3