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70000.2923/10945813.1 4:17-cv-00222-HSG

STIPULATION AND ORDER TO FURTHER EXTEND DEFENDANT’S RESPONSE DEADLINE

MARK JOSEPH KENNEY (State Bar No. 87345) 

mjk@severson.com 

AUSTIN B. KENNEY (State Bar No. 242277) 

abk@severson.com 

SEVERSON & WERSON 

A Professional Corporation 

One Embarcadero Center, Suite 2600 

San Francisco, California 94111 

Telephone: (415) 398-3344 

Facsimile: (415) 956-0439 

Attorneys for Defendant 

BANK OF AMERICA, N.A. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 

MIGUEL AVILA, an individual, 

Plaintiff, 

vs. 

BANK OF AMERICA, a national association; 

U.S. BANK, NATIONAL ASSOCIATION, a 

business entity; OCWEN LOAN 

SERVICING, LLC, a business entity; 

CALIBER HOME LOANS, INC., a business 

entity; and Does 1 through 100, inclusive, 

Defendants. 

 Case No. 4:17-cv-00222-HSG 

(Removed from Alameda County Superior 

Court Case No. RG16842979) 

STIPULATION AND ORDER TO 

FURTHER EXTEND DEFENDANT’S 

RESPONSE DEADLINE 

The Honorable Haywood S. Gilliam, Jr. 

Action Filed: December 19, 2016 

Removal Date: January 17, 2017 
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70000.2923/10945813.1 1 4:17-cv-00222-HSG

STIPULATION AND ORDER TO FURTHER EXTEND DEFENDANT’S RESPONSE DEADLINE

Plaintiff Miguel Avila (“Plaintiff”) and defendants BANK OF AMERICA, N.A. 

(“BANA”) and OCWEN LOAN SERVICING, LLC (“Ocwen”), by and through their respective 

counsel of record, jointly stipulate and agree as follows: 

RECITALS

1. On October 11, 2017, Plaintiff filed the Second Amended Complaint. Dkt. 66. 

2. Defendants’ deadline to respond to the Second Amended Complaint is October 25, 

2017. 

3. The deadline for defendants Caliber and US Bank by stipulated order on October 

20, 2017 was extended from October 25, 2017 to November 27, 2017 by stipulated order on 

October 20, 2017 so that the parties could explore settlement options. 

4. BANA and Ocwen may also explore settlement options with Plaintiff. 

5. Plaintiff, BANA and Ocwen stipulate to extend the deadline for BANA and Ocwen 

to respond to the Second Amended Complaint to November 27, 2017, concurrently with the 

response due from defendants Caliber and US Bank, in order to preserve efficiency and judicial 

economy and in order to allow all parties to explore settlement options or else for Plaintiff to 

further amend the Complaint. 

6. The parties hereto stipulate and agree that the extension request herein is not 

requested for purposes of delay and will not result in any prejudice to the parties or to the Court. 

STIPULATION

WHEREFORE, the Parties stipulate and agree: 

1. The deadline for BANA and Ocwen to file a response to the Second Amended 

Complaint is extended to November 27, 2017. 

IT IS SO STIPULATED. 

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70000.2923/10945813.1 2 4:17-cv-00222-HSG

STIPULATION AND ORDER TO FURTHER EXTEND DEFENDANT’S RESPONSE DEADLINE

DATED: October 24, 2017 MELLEN LAW FIRM 

By: /s/ Jessica Galletta 

 Jessica Galletta 

Attorneys for Plaintiff 

MIGUEL AVILA 

DATED: October 24, 2017 

SEVERSON & WERSON 

A Professional Corporation 

By: /s/ Austin B. Kenney 

 Austin B. Kenney 

Attorneys for Defendant 

Defendant BANK OF AMERICA, N.A. 

DATED: October 24, 2017 BRYAN CAVE LLP 

By: /s/ Flora Sarder 

 Flora Sarder 

Attorneys for Defendant 

OCWEN LOAN SERVICING, LLC 

I, Austin B. Kenney, am the ECF user whose identification and password are being used to file 

this Stipulation. I hereby attest that Jessica Galletta and Flora Sarder have concurred in this filing. 

/s/ Austin B. Kenney

 
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