Lopez et al v. Wachovia Mortgage et al

Filing 57

STIPULATION and ORDER signed by Judge John A. Mendez on 5/4/2010 ORDERING that the deadlines originally set by the Court's 10/5/2010 Scheduling Order are CONTINUED to the dates stipulated by the parties and the trial is CONTINUED to 1/10/2011 at 9:00 AM. (Engbretson, K.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO STEVE LOPEZ AND CARMEN LOPEZ, Plaintiffs, vs. WACHOVIA MORTGAGE, WORLD SAVINGS BANK, COMSTOCK MORTGAGE, DAVID MENDOZA, ADRIAN DEL RIO, and DOES 1-20 inclusive, Defendants. STIPULATION AND [PROPOSED] ORDER FOR RESCHEDULING OF CERTAIN DEADLINES SET BY THE COURT'S OCTOBER 5, 2009 SCHEDULING ORDER Case No. 2:09-CV-01510-JAM-DAD [Assigned to the Hon. John A. Mendez, Ctrm. 6, for all purposes]

TO THE HONORABLE DISTRICT COURT: RECITALS A. Plaintiffs Steve Lopez and Carmen Lopez through their counsel, Michael J.M.

Brook of Lanahan & Reilley, LLP, defendant Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB, and sued here as "Wachovia Mortgage and World Savings Bank" ("Wachovia"), through its counsel, Jeremy E. Shulman of Anglin, Flewelling, Rasmussen, Campbell & Trytten, LLP, and defendants Comstock Mortgage, David Mendoza and Adrian Del Rio, through their counsel, Glenn W. Peterson of Millstone, Peterson & Watts, LLP, hereby

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2:09-CV-01510-JAM-DAD STIPULATION AND [PROPOSED] ORDER TO EXTEND SCHEDULING ORDER DATES

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submit this joint request for an order extending the deadlines set in the October 5, 2009 Scheduling Order. B. On October 5, 2009, this Court entered a Scheduling Order setting various

discovery and litigation deadlines with a trial date for November 15, 2010. C. On January 21, 2010, Wachovia filed a motion to dismiss and a motion to strike

regarding plaintiff's third amended complaint with a hearing date of March 17, 2010. Those motions were taken under submission by the Court on March 12, 2010. D. Due to the uncertainty of the pleadings and Wachovia's pending motions to

dismiss and strike, the parties hereby request an extension of various Scheduling Order deadlines and a continuance of the trial date.

STIPULATION It is therefore STIPULATED: 1. That all parties consent to a Court Order rescheduling the following deadlines and

the trial date set forth in the Court's October 5, 2010 Scheduling Order:

EVENTS · · · · · · Expert Witness Disclosure Supplemental disclosure Discovery cutoff Dispositive motion filing Dispositive motion hearing Joint pretrial statement due

PROPOSED NEW DATES June 11, 2010 June 18, 2010 August 6, 2010 September 8, 2010 October 6, 2010 November 5, 2010

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 4, 2010 Dated: May 3, 2010 Dated: May 3, 2010 Dated: May 3, 2010 · ·

EVENTS Final pretrial conference Jury trial

PROPOSED NEW DATES November 12, 2010 at 3:00 p.m. January 10, 2011 at 9:00 a.m.

LANAHAN & REILLEY, LLP /s/Michael J.M. Brook Michael J.M. Brook [e-mail] Attorneys for Plaintiffs, Steve Lopez and Carmen Lopez ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP By: /s/Jeremy E. Shulman Jeremy E. Shulman [e-mail] Attorneys for Defendant, Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB, and sued here as "Wachovia Mortgage and World Savings Bank" By:

MILLSTONE, PETERSON & WATTS, LLP By:__ /s/Glenn W. Peterson Glenn W. Peterson [e-mail] Attorneys for Defendants, Comstock Mortgage, David Mendoza and Adrian Del Rio

ORDER ON STIPULATION Having read and filed the foregoing Stipulation, and good cause appearing: IT IS ORDERED: 1. That the deadlines originally set by the Court's October 5, 2010 Scheduling Order

are continued to the dates stipulated to by the parties and the trial is continued to January 10, 2011 at 9:00 a.m. /s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE 3
2:09-CV-01510-JAM-DAD STIPULATION AND [PROPOSED] ORDER TO EXTEND SCHEDULING ORDER DATES

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