Solano v. America's Servicing Company, et al

Filing 36

ORDER signed by Judge Garland E. Burrell, Jr on 5/10/2011 ORDERING having considered 35 Stipulation and Proposed Order filed by Mortgageit, Inc., the 33 Scheduling Order is hereby MODIFIED such that: (1) the initial expert witness disclosure deadline shall be extended from May 20,2011, to October 20, 2011; and (2) the rebuttal expert witness disclosure deadline shall be extended from June 20, 2011, to November 21, 2011. (Waggoner, D)

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1 2 3 4 5 6 Lorenzo E. Gasparetti (SBN 135976) lgasparetti@reedsmith.com Karen A. Braje (SBN 193900) Email: kbraje@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 Attorneys for Defendant MortgageIT, Inc. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 CONSTANCE SOLANO, 12 13 14 15 16 17 18 19 20 Plaintiff, vs. AMERICA’S SERVICING COMPANY, a division of WELLS FARGO, NA; WELLS FARGO, NA; MORTGAGEIT, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; NDEX WEST, L.L.C.; FINANCIAL TITLE COMPANY; U.S. BANK NA; BANC OF AMERICA FUNDING 2007-6 TRUST; MORTGAGE AND INVESTORS INVESTMENT CONSULTANTS, INC.; and DOES 1-10,000, inclusive, No.: 2:10-cv-02426 GEB GGH JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER MODIFYING STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE Compl. Filed: Trial Date: September 10, 2010 Not Yet Assigned Honorable Garland E. Burrell Defendants. 21 22 23 24 25 26 27 28 JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER RECITALS 1 2 1. 3 4 Plaintiff Constance Solano (“Plaintiff”) filed the Complaint in this matter on September 10, 2010. 5 2. 6 Defendant MortgageIT, Inc. (“MortgageIT”) filed a Motion to Dismiss and a Motion 7 to Strike Portions of the Complaint on November 12, 2010. The hearing on MortgageIT’s motions 8 was set for January 24, 2011. 9 3. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 On December 2, 2010, defendant NDEX West, LLC (“NDEX”) filed a joinder in MortgageIT’s Motion to Dismiss. 12 4. 13 Defendants Wells Fargo Bank, N.A. dba America’s Servicing Company (“ASC”), 14 U.S. Bank, N.A. dba Banc of America Funding 2007-6 Trust (“Banc of America Funding”) and 15 Mortgage Electronic Registration Systems, Inc. (“MERS”) filed a Motion to Dismiss the Complaint 16 on December 20, 2010. The hearing on defendants’ Motion to Dismiss was also set for January 24, 17 2011. 18 19 20 5. On January 21, 2011, the Court notified the parties that it was taking all pending motions to dismiss and MortgageIT’s motion to strike under submission without oral argument. 21 22 6. On March 14, 2011, the parties submitted a Joint Status Conference Report. 7. On March 23, 2011, the Court issued its Status Order vacating the Status Conference 23 24 25 set for March 28, 2011, and setting the case for trial on June 5, 2012. The Status Order also set forth 26 the following pre-trial deadlines and cut-offs: 27 Discovery Cut-Off: October 19, 2011 28 Initial Expert Witness Disclosures: May 20, 2011 -2JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER 1 Rebuttal Expert Witness Disclosures: 2 Motion Cut-Off: 3 June 20, 2011 Final Pre-Trial Conference: March 5, 2012 December 19, 2011 4 8. 5 6 The parties have agreed to defer the exchange of initial disclosures until such time as the pleadings are set. 7 9. 8 By Order dated May 3, 2011, the Court granted Defendants’ Motions to Dismiss With REED SMITH LLP and Without Prejudice. Several of Plaintiffs’ claims were dismissed with prejudice, and the 10 A limited liability partnership formed in the State of Delaware 9 remainder were dismissed without prejudice. As to those claims for which the Court granted 11 Plaintiff leave to amend, Plaintiff must file any amended complaint within 14 days, or by May 17, 12 2011. 13 14 10. Currently, there is no operative complaint pending in this matter. 15 STIPULATION 16 17 18 The parties believe that an extension of the expert disclosure deadline and an extension of the 19 rebuttal expert disclosure deadline are necessary given that there is no operative complaint pending 20 in this matter. To that end and subject to the Court’s approval, the parties stipulate that: (1) the 21 initial expert witness disclosure deadline shall be extended from May 20, 2011, to October 20, 2011; 22 and (2) the rebuttal expert witness disclosure deadline shall be extended from June 20, 2011, to 23 November 21, 2011. 24 25 DATED: May 6, 2011. LAW OFFICES OF HOLLY S. BURGESS 26 27 28 By /s/ Holly S. Burgess Holly S. Burgess Attorneys for Plaintiff Constance Solano -3- JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER 1 DATED: May 6, 2011. BARRETT, DAFFIN, FRAPPIER, TREDIER & WEISS, LLP 2 By 3 4 /s/ Masumi Patel Masumi Patel Attorneys for Defendant NDEX West, LLC 5 6 7 DATED: May 6, 2011. SEVERSON AND WERSON 8 By 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 /s/ Joshua E. Whitehair Joshua E. Whitehair Attorneys for Defendant Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, N.A. dba America’s Servicing Company, and U.S. Bank, N.A. dba Banc of America Funding 2007-6 Trust 12 13 14 DATED: May 6, 2011. REED SMITH LLP 15 By 16 17 /s/ Karen A. Braje Lorenzo Gasparetti (SBN 135976) Karen A. Braje (SBN 193900) Attorneys for Defendant MortgageIT, Inc. 18 19 20 21 22 23 24 25 26 27 28 -4JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER [PROPOSED] ORDER MODIFYING STATUS ORDER 1 2 3 Having considered the parties’ Stipulation, the Status Order dated March 23, 2011, is hereby 4 modified such that: (1) the initial expert witness disclosure deadline shall be extended from May 20, 5 2011, to October 20, 2011; and (2) the rebuttal expert witness disclosure deadline shall be extended 6 from June 20, 2011, to November 21, 2011. 7 8 IT IS SO ORDERED. 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Date: 5/10/2011 11 12 13 _________________________ GARLAND E. BURRELL, JR. United States District Judge 14 15 16 17 18 DEAC_Signature-END: 19 20 21 22 61khh4bb 23 24 25 26 27 28 -5JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE; [PROPOSED] ORDER

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