Lopez et al v. Wachovia Mortgage et al

Filing 62

STIPULATION and ORDER signed by Judge John A. Mendez on 8/5/2010 GRANTING 61 Stipulation and Proposed Order; The present dicovery cuttoff is extended to 9/3/2010 to allow defendants to take the depositions of plaintiffs Steve Lopez and Carmen Lopez on August 25 and 26, 2010. (Matson, R)

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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 ORDER EXTENDING DISCOVERY CUTOFF FOR THE TAKING OF PLAINTIFFS' DEPOSITIONS 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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submit this joint request for an order extending the discovery cutoff solely for the purpose of conducting plaintiffs' depositions on August 25 and 26, 2010. B. Pursuant to the Court's order of May 4, 2010, the current discovery cutoff is

August 6, 2010. C. Defendants have noticed the depositions of both plaintiffs' for consecutive days on

August 5, 2010 and August 6, 2010. D. Due to the unavailability of plaintiffs' counsel on August 5 and 6, the parties have

agreed to conduct the depositions of plaintiffs on August 25 and 26, 2010. E. Accordingly, the parties respectfully request an order extending the discovery

cutoff to allow for plaintiffs' depositions to be taken on the agreed upon dates of August 25 and 26, 2010. STIPULATION It is therefore STIPULATED: 1. That all parties consent to a Court Order resetting the discovery cutoff to a date

after August 26, 2010. LANAHAN & REILLEY, LLP Dated: August 4, 2010 By: /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"

Dated: August 4, 2010

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2:09-CV-01510-JAM-DAD STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY CUTOFF

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Dated: August 4, 2010

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 present discovery cutoff is extended to September 3, 2010 to allow

defendants to take the depositions of plaintiffs Steve Lopez and Carmen Lopez on August 25 and 26, 2010.

Dated: August 5, 2010

/s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

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2:09-CV-01510-JAM-DAD STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY CUTOFF

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CERTIFICATE OF SERVICE I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the city of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459. On the date below I served a copy of the following document(s): STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY CUTOFF FOR THE TAKING OF PLAINTIFFS' DEPOSITIONS on all interested parties in said case as follows: Served Electronically via Court's CM/ECF System: Attorney for Plaintiffs Michael J.M. Brook, Esq. LANAHAN & REILLEY, LLP 600 Bicentenial Drive, Suite 300 Santa Rosa, CA 95403 Email: [e-mail] Tel: [phone] Fax: [phone] Attorney for Defendants Comstock Mortgage, David Mendoza and Adrian Del Rio Glenn W. Peterson, Esq. MILLSTONE PETERSON & WATTS, LLP 2267 Lava Ridge Court, Suite 210 Roseville, California 95661 Email: [e-mail] Tel: [phone] Fax: [phone]

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. This declaration is executed in Pasadena, California, on August 5, 2010. Wendy Mutum
(Type or Print Name)
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(Signature of Declarant)
2:09-CV-01510-JAM-DAD STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY CUTOFF

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