Munoz, et al. vs. PHH Mortgage Corp., et al.

Filing 408

ORDER REQUIRING SUPPLEMENTAL BRIEFING, signed by District Judge Dale A. Drozd on 8/29/2019. (Apodaca, P)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EFRAIN MUNOZ, et al., individually and
on behalf of all others similarly situated,
Plaintiffs,

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ORDER REQUIRING SUPPLEMENTAL
BRIEFING

v.

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No. 1:08-cv-00759-DAD-BAM

PHH Corporation, et al.,
Defendants.

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In connection with the various motions still under submission for decision before the

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undersigned and in order to assist the court in issuing its order resolving those motions, the parties

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are directed to provide supplemental briefing addressing the following questions:
1.

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Whether either party is relying upon the deposition of Timothy J. Riddiough, dated

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August 11, 2016 (Doc. No. 350-2 at 64–110), the “Expert Report of Timothy J.

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Riddiough, Ph.D.,” dated June 24, 2016 (id. at 112–151), and/or the “Rebuttal

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Expert Report of Timothy J. Riddiough, Ph.D.,” dated July 22, 2016 (id. at 153–

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184) in support of or in opposition to either parties’ motion for summary judgment

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(Doc. Nos. 340, 342) such that the court may properly consider that evidence in

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resolving the pending cross-motions for summary judgment; and

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2.

Whether, in resolving those same motions, the court should give any weight to the

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evidence submitted in the form of reports prepared by Milliman, Inc. (Doc. No.

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342-4 at 13–123) in light of defendant’s stated position that the analysis contained

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in those reports “is no longer necessary” to resolving the relevant cause of action.

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(Doc. No. 342-1 at 10.)

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Defendant shall file a brief responding to these questions within fourteen days from the

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date of service of this order, after which plaintiff shall have seven days to file a brief in response.

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Each parties’ supplemental briefing is limited to no more than ten pages in length.

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IT IS SO ORDERED.

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Dated:

August 29, 2019
UNITED STATES DISTRICT JUDGE

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