1

2

3

4

5

6

7

8

J. BRIAN McCAULEY, ESQ. State Bar No. 66762

Law Office of J. Brian McCauley

One Market, Steuart Tower, Suite 1600

San Francisco, CA 94105

Telephone: (415) 974-1515

Facsimile: (415) 543-0125

E-Mail: jbmapc@pacbell.net

Attorney for Plaintiff

KA TY M. SULLIVAN

THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF CALIFORNIA

CASE NO.: CV 09-2161 EMC

STIPULATION AND APPLICATION

FOR EXTENSION OF MEDIATION

19 This Stipulation is entered into by all of the parties who have appeared before the

20 court in the above entitled action, by and through each of their counsel of record, being J.

21 Brian McCauley, Esq., for Plaintiff Katy Sullivan, and Reginald Roberts, Jr., Esq. of the firm

22 of Adorno Yoss Alvarado & Smith, for Defendants JPMorgan Chase Bank, NA, Bank of

23 America, NA, and California Reconveyance Company.

24 This stipulation is respectfully submitted as an application for extension of time

25 within which to complete mediation, which has been ordered and initially conducted in this

26 action. Request is made pursuant to the ADR Local Rules, including but not limited to

27 Local Rule 6.5.

28 III

29 III

)

)

)

)

)

)

WASHINGTON MUTUAL BANK, FA, )

JPMORGAN CHASE BANK, National )

14 Association, BANK OF AMERICA, ) National Association, LASALLE BANK, )

National Association, CALIFORNIA )

RECONVEYANCE COMPANY; and Does)

1 through 10, inclusive, )

)

)

)

9 KATY SULLIVAN, also known as KATY

MARIE SULLIVAN,

10

11

Plaintiff,

vs.

12

13

15

16

17 Defendants.

18

STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09.2161 EMC 1

Case 3:09-cv-02161-EMC Document 41 Filed 01/07/10 Page 1 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

This application and stipulation is made upon the following facts:

1. Mediation in this matter was conducted after the submittal of Mediation

Statements by both sides, before Mediator J. Daniel Sharp, on Thursday, December 10,

2009;

2. The matter was mediated for a half day, but was unsuccessfuL. The

mediating Defendants requested further information from Plaintiff regarding financial and

income matter; which were agreed to be provided in addition to certain information

provided in preparation for mediation. Such additional information is believed to be

constructive as a result of Plaintiff's very recent engagement to be married; her future

spouse, on information and belief, will supply additional financial strength and is believed to

be willing to make certain commitments regarding performance of a negotiated resolution.

Plaintiff's fiancé, however, is a French national in military service, and currently (and for the

coming approximate four weeks) is engaged on military assignment in the Middle East. As

a result, obtaining documents to substantiate and augment Plaintiff's available financial

condition is (and has been) in process but such documents have not yet been received.

3. All parties to the mediation and this litigation (except Washington Mutual

Bank, NA, which has not yet made an appearance in this action as a result of having been

seized and sold pursuant to Federal Deposit Insurance Corp. (FDIC) action) are in favor of

this application and concur in the request;

4. As a result of the needed period to obtain additional financial documentation

in a form acceptable to Defendants, all parties request an extension to and including March

1, 2010 for the completion of mediation before J. Daniel Sharp, appointed mediator.

III

III

III

III

III

STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09.2161 EMC 2

Case 3:09-cv-02161-EMC Document 41 Filed 01/07/10 Page 2 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

Dated: January 4,2010

Dated: January 1-, 2010

Respectfully submitted,

Law Offices of J. Brian McCauley

Professional Corporation

~

By:

J. Brian McCauley, Esq.

Attorney for Plaintiff

KATY SULLIVAN

Respectfully submitted,

Adorno Yoss Alvarado & Smith

By:

STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION CASE NO. CV-09-2161 EMC 3

Case 3:09-cv-02161-EMC Document 41 Filed 01/07/10 Page 3 of 4
-1- 

PROOF OF SERIVICE 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

PROOF OF SERVICE I, the undersigned, hereby declare: 

I am a citizen of the United States, over 18 years of age, and not a party to the within 

action. I am employed in the County of San Francisco; my business address is One Market 

Street, Suite 1600, San Francisco, CA 94105. 

On January 4, 2010, I served the within: 

STIPULATION AND APPLICATION FOR EXTENSION OF MEDIATION 

on all parties in this action, as addressed below, by causing a true copy thereof to be 

distributed as follows: 

 J. Daniel Sharp 

 Folger, Levin & Kahn,LLP 

 275 Battery St., 23rd Flr. 

 San Francisco, CA 94121 

[X] BY MAIL: The above referenced documents were personally deposited by me in 

the U.S. mail with the U.S. Postal Service on the day stated above with 

U.S., First-class postage thereon fully prepaid. 

[ ] BY FAX: I caused such documents to be transmitted via facsimile to the stated 

parties at their respective facsimile numbers. 

[ ] BY EXPRESS CARRIER I caused such documents to be collected by an agent for 

 [company name] to be delivered to the offices of stated 

 parties. 

I declare under penalty of perjury under the laws of the State of California that the 

foregoing is true and correct. 

Dated: January 4, 2010 

 

 

 Brian McCauley 

Case 3:09-cv-02161-EMC Document 41 Filed 01/07/10 Page 4 of 4