Cabrales v. Castle & Cooke Mortgage, LLC

Filing 30

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 06/30/15 ORDERING that any motion for class certification shall be filed by 11/02/15; any opposition shall be filed by 11/30/15; any reply brief shall be filed by 12/16/15. (Benson, A)

1 JAMES F. CLAPP (145814)
[e-mail]
2 JAMES T. HANNINK (131747)
[e-mail]
3 ZACH P. DOSTART (255071)
[e-mail]
4 DOSTART CLAPP HANNINK & COVENEY, LLP
4370 La Jolla Village Drive, Suite 970
5 San Diego, California 92122-1253
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Plaintiff
8
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
12
LUIS CABRALES, on behalf of himself and
13 all others similarly situated,

CASE NO. 14-CV-01138-MCE-JLT

14

STIPULATION AND ORDER
REGARDING PREVIOUSLY PROPOSED
FILING DEADLINES

Plaintiff,

15 vs.
16 CASTLE & COOKE MORTGAGE, LLC, a
Delaware limited liability company,
17
Defendant.
18
19
20
21
22
23
24
25
26
27
28
SMRH:439041670.1

14-CV-01138-MCE-JLT

1

Plaintiff Luis Cabrales and defendant Castle & Cooke Mortgage, LLC, by and through

2 their respective counsel, hereby stipulate as follows:
3

WHEREAS Plaintiff filed this action on July 21, 2014;

4

WHEREAS Defendant filed a motion to dismiss to the initial complaint on October 27,

5 2014, and a second motion to dismiss to the First Amended Complaint on December 4, 2014;
6

WHEREAS on October 31, 2014, the parties filed a Scheduling Conference Report with

7 certain proposed dates (Dkt. No. 12);
8

WHEREAS in the Scheduling Conference Report, the parties proposed July 31, 2015 as

9 the deadline for filing a motion for class certification;
10

WHEREAS the Court denied Defendant’s motion to dismiss on June 12, 2015 and

11 Defendant’s answer is due to be filed by June 28, 2015;
12

WHEREAS the parties have propounded and responded to written discovery, have

13 exchanged numerous written meet and confer communications; spent dozens of hours meeting and
14 conferring telephonically; Defendant has produced (and plaintiff has reviewed) over a hundred
15 thousand pages of documents; and the parties are currently in the process of scheduling over a
16 dozen depositions, the majority of which are out of state;
17

WHEREAS the parties need additional time to complete discovery pertaining to the class

18 certification motion and would like to adjust the deadline for filing the motion as follows:
19

Moving papers due by

November 2, 2015

20

Opposition papers due by

November 30, 2015

21

Reply papers due by

December 16, 2015

22

IT IS HEREBY STIPULATED between Plaintiff and Defendant that:

23

1.

Any motion for class certification shall be filed by no later than November 2, 2015.

24

2.

Any opposition to the class certification motion shall be filed by no later than

25 November 30, 2015.
26

3.

Any reply brief to the class certification motion shall be filed by no later than

27 December 16, 2015.
28

2
SMRH:439041670.1

14-CV-01138-MCE-JLT

1
2

IT IS SO STIPULATED.

3 Dated: June 22, 2015

DOSTART CLAPP HANNINK & COVENEY, LLP

4
/s/ Zach P. Dostart
ZACH P. DOSTART
Attorneys for Plaintiff

5
6
7
8

Dated: June 22, 2015

9

SHEPPARD MULLIN RICHTER & HAMPTON, LLP

/s/ Theona Zhordania
MARC J. FELDMAN
THEONA ZHORDANIA
Attorneys for Defendant
CASTLE & COOKE MORTGAGE, LLC

10
11
12
13

ORDER

14
15

In view of the parties’ signed stipulation, and finding good cause therefor,

16

IT IS HEREBY ORDERED that:

17

1.

Any motion for class certification shall be filed by no later than November 2, 2015.

18

2.

Any opposition to the class certification motion shall be filed by no later than

19 November 30, 2015.
20

3.

Any reply brief to the class certification motion shall be filed by no later than

21 December 16, 2015.
22

IT IS SO ORDERED.

23 Dated: June 30, 2015
24
25
26
27
28

3
SMRH:439041670.1

14-CV-01138-MCE-JLT