House v. Cal State Mortgage Company Inc et al

Filing 60

JOINT STIPULATION and ORDER regarding Modification of Scheduling Order, signed by Judge Oliver W. Wanger on 11/13/2009. (Kusamura, W)

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KATHERINE M. HOGAN (SBN 225597) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 801 15th Street, Ste., B Modesto, CA 95354 Telephone: [phone] Fax: [phone] [e-mail] ILENE J. JACOBS (SBN 126812) AUSTA WAKILY (SBN 257424) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 511 D Street Marysville, CA 95901 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] Other counsel for plaintiff appear on the next page Attorneys for Plaintiff Josephine House, by her guardian ad litem, Public Guardian of Stanislaus County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

CASE NO. 1:08-CV-01880-OWW-GSA JOINT STIPULATION AND ORDER REGARDING MODIFICATION OF SCHEDULING ORDER

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Additional Attorneys for Plaintiff Josephine House, by her guardian ad litem, Public Guardian of Stanislaus County MAEVE ELISE BROWN (SBN 137512) NOAH ZINNER (SBN 247581) HOUSING AND ECONOMICS RIGHTS ADVOCATES P.O. Box 29435 Oakland, CA 94604 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] CHRISTOPHER A. BRANCART (SBN 128475) ELIZABETH BRANCART (SBN 122092) BRANCART & BRANCART P.O. Box 686 Telephone: [phone] Fax: [phone] [e-mail] [e-mail]

Joint Stipulation & Order Regarding Modification of S c h e d u l in g Order

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Plaintiff Josephine House, by her guardian ad litem, Public Guardian of Stanislaus County, along with Defendants Cal State Mortgage Co., Inc., Cal State Home Loans, and Alexander Gomez (collectively "Cal State"), and Defendant Murphy Sabatino ("Sabatino") (collectively with Cal State, "Defendants") hereby stipulate and seek leave pursuant to Rule 16(b) of the Federal Rules of Civil Procedure to extend briefly the deadlines for expert witness and rebuttal expert disclosure in the Order Regarding Modification of Scheduling Order filed on October 8, 2009 ("Modified Scheduling Order"). Cal State and Sabatino are the only named defendants who have appeared in this action. The extension requested by the parties will not affect the other dates set by the Court in the Modified 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. The deposition was rescheduled for November 5, 2009. On November 4, 2009, Sabatino's counsel faxed a letter to counsel stating Sabatino would not be available for his deposition the following day due to illness. Sabatino's deposition has been rescheduled to November 19, 2009. In light of Sabatino's status as a named party in this action, Plaintiff and Defendants stipulate to an extension 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. This is the parties' second request for a modification to the Scheduling Order filed on July 28, 2009. The parties only request an extension of their expert witness and rebuttal expert disclosure deadlines. Accordingly, the parties respectfully request that the Court modify the Modified Scheduling Order by extending the deadline for Expert Witness Disclosure from November 13, 2009 to December 1, 2009, and by extending the deadline for Rebuttal or Supplemental Expert Disclosure from December 14, 2009 to January 5, 2010. ///
Joint Stipulation & Order Regarding Modification of S c h e d u l in g Order

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IT IS SO STIPULATED.

Dated: November 13, 2009 4 5 6 7 8 9 Dated: November 13, 2009 10 11 12 13 14 15 16 Dated: November 13, 2009

CALIFORNIA RURAL LEGAL ASSISTANCE, INC. /s/ Katherine M. Hogan By: Katherine M. Hogan Attorneys for Plaintiff Josephine House, by her guardian ad litem, the Public Guardian of Stanislaus County

DOWNEY BRAND LLP /s/ Annie S. Amaral By: Annie S. Amaral Attorneys for Defendants Cal State Mortgage Co., Inc., Cal State Home Loans, and Alexander Gomez

ROSSI, HAMMERSLOUGH, REISCHL & CHUCK /s/ Eric Gravink

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Joint Stipulation & Order Regarding Modification of S c h e d u l in g Order

By: Eric Gravink Attorneys for Defendant Murphy Sabatino

Pursuant to stipulation, IT IS SO ORDERED. IT IS SO ORDERED. Dated: November 13, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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