Case 5:16-cv-01518-JGB-DTB Document 31-1 Filed 09/19/16 Page 1 of 2 Page ID #:247
1 GREEN & HALL, LLP
HOWARD D. HALL, State Bar No. 145024 2 hdhall@greenhall.com RACHEL C. ZWERNEMANN, State Bar No. 286515 3 rzwernemann@greenhall.com 1851 East First Street, 10th Floor 4 Santa Ana, California 92705-4052 Telephone: (714) 918-7000 5 Facsimile: (714) 918-6996 6 Attorneys for Defendants The Bank of New York Mellon as Trustee 7 for Structured Asset Mortgage Investments II Inc. Mortgage Pass- 8 Through Certificate Series 2005-AR8 and Nationstar Mortgage LLC (erroneously 9 sued as Nation star Mortgage) 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 12 13 Socorro Diaz & Francisco Diaz, CASE NO. 5:16-cv-01518 JGB(DTBx) 14 Plaintiffs, JUDGE: Hon. Jesus G. Bernal CTRM.: 1 15 vs. DECLARATION OF RACHEL C. 16 GB Inland Properties, LLC and/or Its ZWERNEMANN RE: RULE 26(f) Successors and/or Assignees In Interest; MEET AND CONFER ATTEMPTS 17 The Bank of New York Mellon as BY DEFENDANTS THE BANK OF Trustee for Structured Asset Mortgage NEW YORK MELLON AS 18 Investments II, Inc., Mortgage Pass TRUSTEE FOR STRUCTURED through Certificates Series2005-AR8; ASSET MORTGAGE 19 Nation star Mortgage; Continental HL- INVESTMENTS II INC. 011 Trust; Rafael Perez; Quality Loan MORTGAGE PASS-THROUGH 20 Servicing, Platinum Capital Group and CERTIFICATE SERIES 2005-AR8 Does 1 through 100 Inclusive, AND NATIONSTAR MORTGAGE 21 LLC Defendants. 22 Date: October 3, 2016 Time: 11:00 AM 23 Location: Courtroom 1 3470 Twelfth Street 24 Riverside, CA 92501 25 ACTION FILED: July 12, 2016 26 TRIAL DATE: None Set 27 28 Case No. 5:16-cv-01518 JGB(DTBx) DECLARATION RE: RULE 26(f) MEET AND CONFER ATTEMPTS P:\DOCS\Nationstar.Diaz(Socorro)\Pleadings\Decl.26f.docx Case 5:16-cv-01518-JGB-DTB Document 31-1 Filed 09/19/16 Page 2 of 2 Page ID #:248
1 I, Rachel C. Zwernemann, declare as follows:
2 1. I am an attorney at law, duly licensed to appear in all courts in the state 3 of California. I am attorney with the law firm Green & Hall, LLP, counsel for 4 Defendants The Bank of New York Mellon as Trustee for Structured Asset 5 Mortgage Investments II Inc. Mortgage Pass-Through Certificate Series 2005-AR8 6 and Nationstar Mortgage LLC (errouneously sued as Nation star Mortgage). 7 2. On September 12, 2016 I called Plaintiffs at the telephone number 8 listed on their Complaint and left a voicemail for Plaintiffs to return my call so that 9 we could meet and confer pursuant to Rule 26(f) and the Court’s Order of August 10 18, 2016. 11 3. Right after the telephone call of September 12, 2016, I sent Plaintiffs an 12 e-mail to the address listed on their Complaint requesting that Plaintiffs return my 13 call to meet and confer prior to the Scheduling Conference. 14 4. Plaintiffs never returned my call or e-mail of September 12, 2016. 15 5. On September 16, 2016 I called Plaintiffs again at the telephone 16 number listed on their Complaint and left a voicemail for Plaintiffs to return my call. 17 6. As of today’s date Plaintiffs have not returned my calls or e-mail, or 18 otherwise attempted to participate in a conference of parties pursuant to Rule 26(f). 19 I declare under penalty of perjury under the laws of the United States of 20 America that the foregoing is true and correct. This declaration is executed on 21 September 19, 2016 at Orange, California. 22 By: /s/ Rachel C. Zwernemann 23 Howard D. Hall Rachel C. Zwernemann 24 Attorneys for Defendants 25 The Bank of New York Mellon as Trustee for Structured Asset Mortgage Investments II Inc. 26 Mortgage Pass-Through Certificate Series 2005- 27 AR8 and Nationstar Mortgage LLC (erroneously sued as Nation star Mortgage) 28 2 Case No. 5:16-cv-01518 JGB(DTBx) DECLARATION RE: RULE 26(f) MEET AND CONFER ATTEMPTS P:\DOCS\Nationstar.Diaz(Socorro)\Pleadings\Decl.26f.docx
James M. Morrissey, Plaintiffs-Appellees-Appellants v. Martin Segal and Leon Karchmer, Defendants-Appellants-Appellees, Joseph Curran, 526 F.2d 121, 2d Cir. (1975)