House v. Cal State Mortgage Company Inc et al

Filing 63

JOINT STIPULATION and ORDER regarding modification of scheduling order, signed by Judge Oliver W. Wanger on 12/2/2009. (Kusamura, W)

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Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda Suite 200 San Jose, CA 95126-1493 Ph [phone] Fax [phone]

SAMUEL A. CHUCK (SBN 155326) ERIC A. GRAVINK (SBN 226990) ROSSI, HAMERSLOUGH, REISCHL & CHUCK 1960 The Alameda, Suite 200 San Jose, CA 95126-1493 Tel: [phone] Fax: [phone] Attorneys for Defendant MURPHY SABATINO

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSEPHINE HOUSE, by her guardian ad Case No.: 1:08-CV-01880-OWW-GSA Litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY, Plaintiff, vs. 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. JOINT STIPULATION AND ORDER REGARDING MODIFICATION OF SCHEDULING ORDER

Judge: Dept.:

Oliver W. Wanger Courtroom 3, Seventh Floor

Defendant MURPHY SABATINO (hereinafter "Sabatino") along with Plaintiff JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY and Defendants CAL STATE HOME MORTGAGE COMPANY, INC., CAL STATE HOME LOANS and ALEXANDER GOMEZ (collectively "Cal State") hereby stipulate and seek leave pursuant to Rule 16(b) of the Federal Rules of Civil Procedure to extend the deadlines for expert witness and rebuttal expert disclosure in the Order Regarding Modification of Scheduling Order filed on November 13, 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 effect

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Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda Suite 200 San Jose, CA 95126-1493 Ph [phone] Fax [phone]

the other dates currently set by the Court in the Modified Scheduling Order. Good cause exists for this request as follows: The parties have been conducting depositions and written discovery. Depositions for the Cal State Defendants and Murphy Sabatino have been completed. The parties are in the process of scheduling the depositions of Plaintiff Josephine House and the guardian ad litem. Plaintiff has also indicated that they are considering amending the Complaint to add new parties. There is a Mandatory Settlement Conference set for January 28, 2010. In light of the foregoing, and in order for the parties to reduce costs for expert discovery pending the Mandatory Settlement Conference, and potential amendment of the complaint, the parties wish to continue the expert disclosure and preparation of reports until after the Mandatory Settlement Conference has occurred. The parties have diligently submitted this stipulation. This is the party's third request for modification to the Scheduling Order initially filed on July 28, 2009. Accordingly, the parties respectfully request the Court modify the Modified Scheduling Order as follows: Mandatory Settlement Conference Expert Disclosure Expert Rebuttal Discovery Cutoff Non-Dispositive Motions Dispositive Pre-Trial Motions Pre-Trial Conference Trial January 28, 2010 (same) February 5, 2010 February 26, 2010 March 12, 2010 March 19, 2010 March 26, 2010 April 26, 2010 (same) June 8, 2010 (same)

IT IS SO STIPULATED. Dated: December ___, 2009 CALIFORNIA RURAL LEGAL ASSISTANCE, INC.

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____________________________________ By: Katherine M. Hogan Attorney for Plaintiff Josephine House, by her guardian ad litem, the Public Guardian of Stanislaus County

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Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda Suite 200 San Jose, CA 95126-1493 Ph [phone] Fax [phone]

Dated: December ___, 2009

DOWNEY BRAND LLP

____________________________________ By: Annie S. Amaral Attorney for Defendants Cal State Mortgage Co., Inc., Cal State Home Loans, and Alexander Gomez Dated: December 1, 2009 ROSSI HAMERSLOUGH REISCHL & CHUCK

____ /s/ ERIC A. GRAVINK _____________ By: Eric A. Gravink Attorney for Defendant Murphy Sabatino

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: __December 2, 2009______

By /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA

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