Monday v. Saxon Mortgage Services, Inc. et al

Filing 73

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 6/5/11 71 ORDERING that the 56 Scheduling Order is modified as follows: Discovery ddl 6/30/2011 and Dispositive Motions Hearing ddl 8/15/2011. (Duong, D)

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Stuart B. Wolfe (SBN 156471)
Joshua M. Bryan (SBN 225230)
[e-mail]
WOLFE & WYMAN LLP
2175 N. California Blvd., Suite 645
Walnut Creek, California 94596-3502
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WOLFE & WYMAN LLP

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SACRAMENTO DIVISION

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HENRIETTA J. MONDAY, an Individual,
Plaintiff,

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Case No.: 2:10-cv-00989 WBS CMK
SECOND STIPULATION MODIFYING
STATUS (PRETRIAL SCHEDULING)
ORDER AND ORDER THEREON

v.
SAXON MORTGAGE SERVICES, INC, a Texas
corporation; OCWEN LOAN SERVICING, LLC, a
Delaware limited liability corporation; U.S. BANK,
N.A., As Trustee for the Registered Holders of
ABFC 2007-WMC1 Trust Asset Backed Funding
Corporation Asset Backed Certificate, Series 2007WMC1, an Ohio business entity; T.D. SERVICE
COMPANY, a California corporation; and DOES 1
through 10, inclusive,
Defendants.

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TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

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In pursuit of potential informal resolution, Plaintiff HENRIETTA J. MONDAY (hereinafter

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“Plaintiff”), defendant SAXON MORTGAGE SERVICES, INC. (hereinafter “Saxon”), and

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defendants OCWEN LOAN SERVICING LLC (“Ocwen”) and U.S. BANK NATIONAL

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ASSOCIATION as Trustee for the registered holders of ABFC 2007-WMC1 Trust Asset Backed

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Funding Corporation Asset Backed Certificates, Series 2007-WMC1 (“U.S. Bank”), which are the

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only participating parties, agree and stipulate, by and through their respective counsel of record

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SECOND STIPULATION MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER

428729.1

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herein that the deadlines in sections IV and V of the Court’s Status (Pretrial Scheduling) Order

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should be modified as follows:

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IV. DISCOVERY

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…
All discovery, including depositions for preservation of testimony, is left
open, save and except that it shall be so conducted as to be completed by June 30,
2011. The word “completed” means that all discovery shall have been conducted so
that all depositions have been taken and any disputes relevant to discovery shall have
been resolved by appropriate order if necessary and, where discovery has been
ordered, the order has been obeyed. All motions to compel discovery must be noticed
on the magistrate judge’s calendar in accordance with the local rules of this court and
so that such motions may be heard (and any resulting orders obeyed) not later than
June 30, 2011.

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WOLFE & WYMAN LLP

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V. MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary restraining orders, or
other emergency applications, shall be filed on or before August 15, 2011. All
motions shall be noticed for the next available hearing date. Counsel are cautioned to
refer to the local rules regarding the requirements for noticing and opposing such
motions on the court’s regularly scheduled law and motion calendar.

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IT IS SO STIPULATED.

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DATED: May 24, 2011

FRANSEN & MOLINARO, LLP

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By: /s/ Paul J. Molinaro
NATHAN FRANSEN
PAUL J. MOLINARO
Attorneys for Plaintiff
HENRIETTA J. MONDAY

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DATED: May 24, 2011

WOLFE & WYMAN LLP

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By: /s/ Joshua M. Bryan
STUART B. WOLFE
JOSHUA M. BRYAN
Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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SECOND STIPULATION MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER

428729.1

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DATED: June 2, 2011

HOUSER & ALLISON

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By: /s/ Kevin R. Broersma
ERIC D. HOUSER
KEVIN R. BROERSMA
Attorneys for Defendants
OCWEN LOAN SERVICING LLC and U.S.
BANK NATIONAL ASSOCIATION as Trustee for
the registered holders of ABFC 2007-WMC1 Trust
Asset Backed Funding Corporation Asset Backed
Certificates, Series 2007-WMC1

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*******

WOLFE & WYMAN LLP

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SECOND STIPULATION MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER
428729.1

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ORDER ON SECOND STIPULATION MODIFYING STATUS ORDER
The Court having reviewed the stipulation of the parties, and good cause appearing therefore,

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ORDERS that the deadlines in sections IV and V of the Court’s Status (Pretrial Scheduling) Order

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should be modified as stated above.

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IT IS SO ORDERED.

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Date: 6/4/2011

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_____________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

WOLFE & WYMAN LLP

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DEAC_Signature-END:

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2a4bb8ied

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[PROPOSED] ORDER ON SECOND STIPULATION MODIFYING STATUS ORDER

428729.1