Quezada v. Loan Center of California, Inc.

Filing 51

STIPULATION and ORDER signed by Judge William B. Shubb on 01/29/09 ORDERING that the deadlines for filing plf's Motion for Class Certification and the EMC dfts' answer to third amended complaint are EXTENDED to 02/09/09.(Benson, A.)

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ARBOGAST & BERNS, LLP DAVID M. ARBOGAST (SBN 167571) [e-mail] JEFFREY K. BERNS (SBN 131351) [e-mail] 19510 Ventura Boulevard, Suite 200 Tarzana, California 91356 Telephone: [phone] Facsimile: 818-867-4820 Attorneys for Plaintiff, Josefina Quezada, and all others similarly situated SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations ROBERT S. BEALL, Cal. Bar No. 132016 [e-mail] SHANNON Z. PETERSEN, Cal. Bar No. 211426 [e-mail] 650 Town Center Drive, 4th Floor Costa Mesa, California 92626-1993 Telephone: [phone] Facsimile: 714-513-5130

Attorneys for Defendants EMC MORTGAGE CORPORATION, STRUCTURED ASSET MORTGAGE 15 INVESTMENTS II, INC., and BANK OF NEW YORK MELLON 16 CORPORATION
17 18 19 20 JOSEFINA QUEZADA, individually and 21 22 23

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

on behalf of all others similarly situated, Plaintiff, vs. LOAN CENTER OF CALIFORNIA,

Case No.: 2:08-CV-00177 - WBS (KJMx) STIPULATION AND PROPOSED [ORDER] TO CONTINUE DEADLINE FOR FILING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND THE EMC DEFENDANTS' ANSWER TO THIRD AMENDED COMPLAINT [Local Rules 83-143; 6-144(a)]

24 INCORPORATED, EMC MORTGAGE

25 MORTGAGE INVESTMENTS II, INC.,

CORPORATION, STRUCTURED ASSET BANK OF NEW YORK MELLON inclusive,

26 CORPORATION, and DOES 1 through 10 27 28

Defendants.
W02-WEST:8SZP1\401267036.1

2:08-CV-00177 - WBS (KJMx)

-1STIPULATION AND PROPOSED [ORDER] TO CONTINUE DEADLINE FOR FILING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND THE EMC DEFENDANTS' ANSWER TO THIRD AMENDED COMPLAINT

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WHEREAS, the Court previously set the deadline for Plaintiff Josefina Quezada ("Plaintiff") to file her Motion for Class Certification for January 19, 2009; WHEREAS, defendants EMC Mortgage Corporation, Structured Asset Mortgage Investments II, Inc., and Bank of New York Mellon Corporation (collectively, "The EMC Defendants") answer to the third amended complaint is presently due on January 9, 2009; WHEREAS, the EMC Defendants and Plaintiff have agreed to hold an informal settlement conference to discuss a resolution of this and other cases on January 21, 2009; WHEREAS, in order to allow the parties to have meaningful settlement discussions, the parties have agreed, with the Court's permission, to continue the deadline for Plaintiff to file her Motion for Class Certification for three weeks, until February 9, 2009; WHEREAS, the parties have also agreed, with the Court's permission, that The EMC Defendants shall have until at least February 9, 2009, to respond to Plaintiff's Third Amended Complaint. WHEREAS, Local Rules 83-143 and 6-144(a) provide that the parties may request a continuance on a filing deadline by submitting a stipulation for the Court's approval; IT IS HEREBY STIPULATED by and between Plaintiff Josefina Quezada, on the one hand, and Defendants EMC Mortgage Corporation, Structured Asset Mortgage Investments II, Inc., and Bank of New York Mellon Corporation, on the other, through their respective counsel of record herein, that: (i) the filing deadline on Plaintiff's Motion for Class Certification shall be continued to February 9, 2009; and (ii) that the date for The EMC Defendants to respond to Plaintiff's Third Amended Complaint shall be continued to February 9, 2009.

W02-WEST:8SZP1\401267036.1

2:08-CV-00177 - WBS (KJMx)

-2STIPULATION AND PROPOSED [ORDER] TO CONTINUE DEADLINE FOR FILING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND THE EMC DEFENDANTS' ANSWER TO THIRD AMENDED COMPLAINT

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This extension of time will not alter the date of any other event or deadline already fixed by Court order. IT IS SO STIPULATED. DATED: January 8, 2009 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By: /s/ Shannon Petersen Shannon Z. Petersen 650 Town Center Drive, 4th Floor Costa Mesa, California 92626-1993 Telephone: [phone] Facsimile: 714-513-5130 Attorneys for Defendants EMC MORTGAGE CORPORATION, STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., and BANK OF NEW YORK MELLON CORPORATION DATED: January 8, 2009 ARBOGAST & BERNS, LLP By: /s/ David M. Arbogast David M. Arbogast 19510 Ventura Boulevard, Suite 200 Tarzana, California 91356 Telephone: [phone] Facsimile: 818-867-4820 Attorneys for Plaintiff JOSEFINA QUEZADA, and all others similarly situated ORDER IT IS SO ORDERED.
Date: January 29, 2009

W02-WEST:8SZP1\401267036.1

2:08-CV-00177 - WBS (KJMx)

-3STIPULATION AND PROPOSED [ORDER] TO CONTINUE DEADLINE FOR FILING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND THE EMC DEFENDANTS' ANSWER TO THIRD AMENDED COMPLAINT