Solano v. America's Servicing Company, et al
Filing
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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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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.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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CONSTANCE SOLANO,
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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.
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JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE;
[PROPOSED] ORDER
RECITALS
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Plaintiff Constance Solano (“Plaintiff”) filed the Complaint in this matter on
September 10, 2010.
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2.
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Defendant MortgageIT, Inc. (“MortgageIT”) filed a Motion to Dismiss and a Motion
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to Strike Portions of the Complaint on November 12, 2010. The hearing on MortgageIT’s motions
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was set for January 24, 2011.
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3.
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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On December 2, 2010, defendant NDEX West, LLC (“NDEX”) filed a joinder in
MortgageIT’s Motion to Dismiss.
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4.
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Defendants Wells Fargo Bank, N.A. dba America’s Servicing Company (“ASC”),
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U.S. Bank, N.A. dba Banc of America Funding 2007-6 Trust (“Banc of America Funding”) and
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Mortgage Electronic Registration Systems, Inc. (“MERS”) filed a Motion to Dismiss the Complaint
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on December 20, 2010. The hearing on defendants’ Motion to Dismiss was also set for January 24,
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2011.
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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.
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On March 14, 2011, the parties submitted a Joint Status Conference Report.
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On March 23, 2011, the Court issued its Status Order vacating the Status Conference
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set for March 28, 2011, and setting the case for trial on June 5, 2012. The Status Order also set forth
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the following pre-trial deadlines and cut-offs:
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Discovery Cut-Off:
October 19, 2011
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Initial Expert Witness Disclosures:
May 20, 2011
-2JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE;
[PROPOSED] ORDER
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Rebuttal Expert Witness Disclosures:
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Motion Cut-Off:
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June 20, 2011
Final Pre-Trial Conference: March 5, 2012
December 19, 2011
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8.
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The parties have agreed to defer the exchange of initial disclosures until such time as
the pleadings are set.
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9.
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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
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A limited liability partnership formed in the State of Delaware
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remainder were dismissed without prejudice. As to those claims for which the Court granted
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Plaintiff leave to amend, Plaintiff must file any amended complaint within 14 days, or by May 17,
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2011.
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Currently, there is no operative complaint pending in this matter.
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STIPULATION
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The parties believe that an extension of the expert disclosure deadline and an extension of the
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rebuttal expert disclosure deadline are necessary given that there is no operative complaint pending
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in this matter. To that end and subject to the Court’s approval, the parties stipulate that: (1) the
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initial expert witness disclosure deadline shall be extended from May 20, 2011, to October 20, 2011;
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and (2) the rebuttal expert witness disclosure deadline shall be extended from June 20, 2011, to
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November 21, 2011.
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DATED: May 6, 2011.
LAW OFFICES OF HOLLY S. BURGESS
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By
/s/ Holly S. Burgess
Holly S. Burgess
Attorneys for Plaintiff
Constance Solano
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JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE;
[PROPOSED] ORDER
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DATED: May 6, 2011.
BARRETT, DAFFIN, FRAPPIER, TREDIER &
WEISS, LLP
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By
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/s/ Masumi Patel
Masumi Patel
Attorneys for Defendant
NDEX West, LLC
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DATED: May 6, 2011.
SEVERSON AND WERSON
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By
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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/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
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DATED: May 6, 2011.
REED SMITH LLP
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By
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/s/ Karen A. Braje
Lorenzo Gasparetti (SBN 135976)
Karen A. Braje (SBN 193900)
Attorneys for Defendant
MortgageIT, Inc.
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-4JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE;
[PROPOSED] ORDER
[PROPOSED] ORDER MODIFYING STATUS ORDER
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Having considered the parties’ Stipulation, the Status Order dated March 23, 2011, is hereby
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modified such that: (1) the initial expert witness disclosure deadline shall be extended from May 20,
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2011, to October 20, 2011; and (2) the rebuttal expert witness disclosure deadline shall be extended
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from June 20, 2011, to November 21, 2011.
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IT IS SO ORDERED.
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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Date: 5/10/2011
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_________________________
GARLAND E. BURRELL, JR.
United States District Judge
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DEAC_Signature-END:
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61khh4bb
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-5JOINT STIPULATION TO MODIFY STATUS ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE;
[PROPOSED] ORDER
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