House v. Cal State Mortgage Company Inc et al

Filing 58

Joint STIPULATION And ORDER Regarding Modification Of Scheduling Order 57 , signed by Judge Oliver W. Wanger on 10/5/2009. (Designation of Expert Witnesses due by 11/13/2009, Rebuttal or Supplemental Expert Disclosures Deadline: 12/14/2009) (Scrivner, E)

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DOWNEY BRAND LLP KEVIN SEIBERT (Bar No. 119356) ANNIE S. AMARAL (Bar No. 238189) 621 Capitol Mall, Eighteenth Floor Sacramento, CA 95814-4686 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, a California Corporation; and ALEXANDER GOMEZ UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY, Plaintiff, v. CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, a California corporation; ALEXANDER GOMEZ; BENJAMIN CAPITAL, INC., a California corporation; SABATINO MURPHY; LARRY MENTON; and JOAN HOUSE, Defendants.

CASE NO. 1:08-CV-01880-OWW-GSA JOINT STIPULATION ANDORDER REGARDING MODIFICATION OF SCHEDULING ORDER [Fed.R.Civ.Proc. 16(b)]

Plaintiff Josephine House, by her guardian ad litem, Public Guardian of Stanislaus County ("Plaintiff"), and Defendants Cal State Mortgage Co., Inc., Cal State Home Loans, Alexander Gomez (collectively "Cal State"), and Murphy Sabatino ("Sabatino") (collectively with Cal State, "Defendants") hereby jointly stipulate and seek leave pursuant to Rule 16(b) of the Federal Rules of Civil Procedure to briefly extend the expert witness and rebuttal expert disclosure deadlines contained in the Scheduling Conference Order, filed by the Court on July 28, 2009 (hereinafter the "Scheduling Order").1 The extension requested by the parties will not affect the other dates
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Cal State and Sabatino are the only named defendants who have appeared in the action.

1032268.1

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF SCHEDULING ORDER

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set by the Court in the Scheduling Order. Good cause exists for this request as follows: On August 17, 2009, Plaintiff served by mail a deposition notice for Sabatino, which set the deposition for September 29, 2009. On Friday, September 25, 2009, Sabatino's counsel notified Plaintiff and Cal State that Sabatino would not be appearing due to an unforeseen emergency. On Monday, September 28, 2009, Plaintiff's counsel confirmed that the deposition would not go forward and would proceed at a later date. In light of Sabatino's status as a named party in this action, Plaintiff and Defendants stipulate to the continuance of the expert witness and rebuttal expert disclosure deadlines so that the parties' experts may have Sabatino's deposition transcript available before finalizing and disclosing their written reports. The parties have diligently submitted this Stipulation as Plaintiff only confirmed that Sabatino's deposition would be taken off calendar on September 28, 2009. This is the parties' first request for a modification to the Scheduling Order. The parties only request an extension of their expert witness and rebuttal expert disclosure deadlines; these extensions can be granted without affecting the other deadlines set by the Court. Accordingly, the parties respectfully request that the Court modify the existing Scheduling Order by extending the dates as follows: Existing Dates Expert Witness Disclosure Rebuttal or Supplemental Expert Disclosures Discovery Completion Date Non-Dispositive Pretrial Motions (including discovery) Dispositive Pre-trial Motions October 5, 2009 November 5, 2009 January 15, 2010 Filed by January 29, 2010 Heard on March 5, 2010 Filed by February 15, 2010 Heard on March 22, 2010 Pre-trial Conference Trial April 26, 2010 June 8, 2010 IT IS SO STIPULATED.
1032268.1

Proposed Dates November 13, 2009 December 14, 2009 Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF SCHEDULING ORDER

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DATED: October 2, 2009

DOWNEY BRAND LLP

By:

/s/ Annie S. Amaral ANNIE S. AMARAL Attorney for Defendants CAL STATE MORTGAGE CO., INC., a California corporation; CAL STATE HOME LOANS, a California Corporation; and ALEXANDER GOMEZ

DATED: October 2, 2009

ROSSI, HAMERSLOUGH, REISCHL & CHUCK

By:

/s/ Eric Gravink ERIC GRAVINK Attorney for Defendants MURPHY SABATINO

DATED: October 2, 2009

CALIFORNIA RURAL LEGAL ASSISTANCE, INC.

By:

/s/ Katherine M. Hogan KATHERINE M. HOGAN Attorney for Plaintiff JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY

Pursuant to stipulation, IT IS SO ORDERED. DATED: _10/5/2009__ /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA

1032268.1

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF SCHEDULING ORDER