Sliger et al v. Prospect Mortgage, LLC et al

Filing 149

ORDER signed by Judge Lawrence K. Karlton on 7/23/12 MODIFYING 64 Scheduling Order: Discovery due by 12/21/2012, Motions to compel discovery heard not later than 11/16/2012, all law and motions except as to discovery filed by 2/22/2013, Final Pretr ial Conference set for 5/28/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Jury Trial set for 8/27/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Counsel for both sides are SANCTIONED in the amount of $150.00. This sum shall be paid to the Clerk of the Court no later than 30 days from the date of this order. Counsel SHALL file an affidavit accompanying the payment of their sanctions which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client or any way made the responsibility of the client as attorneys fees or costs. Counsel for both sides are cautioned not to request any further modification of the scheduling order without good cause, even by stipulation. Doing so shall be cause for sanctions in an amount no less than $500. (Meuleman, A) Modified on 7/24/2012 (cc: Financial) (Meuleman, A).

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 ELIZABETH SLIGER, CAROL
DION and SCOTT AVILA,
11 individually, on behalf
of others similarly situated,
12 and on behalf of the general
public,
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Plaintiffs,
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v.
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PROSPECT MORTGAGE, LLC, and
16 DOES 1 through 50, inclusive,
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NO. CIV. S-11-465 LKK/EFB

O R D E R

Defendants.
/

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On July 16, 2012, the parties filed a Stipulation to Modify

20 Status (Pretrial Scheduling) Conference Order. ECF No. 147. The
21 parties represent that they are actively engaged in settlement
22 discussions,

and

wish

to

continue

the

dates

in

the

Status

23 Conference Order by 90 days.
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This court’s status conference order stated that the dates in

25 the order “shall not be modified except by leave of court upon a
26 showing of good cause,” and that “agreement by the parties pursuant
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1 to stipulation does not constitute good cause.” Status (Pretrial
2 Scheduling) Conference Order, ECF No. 64 at 10. Although the court
3 is not satisfied that any extraordinary circumstances constituting
4 good cause have been shown here, the court does not wish to
5 interfere

with

settlement

discussions

between

the

parties.

6 Accordingly, the court ORDERS as follows:
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[1] The Status (Pretrial Scheduling) Conference Order is

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modified as follows:

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a. All law and motion except as to discovery shall

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be left open, save and except it shall be conducted

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so as to be completed by February 22, 2013.

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b. All discovery shall be left open, save and

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except that it shall be so conducted as to be

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completed by December 21, 2012.

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c. Motions to compel discovery must be noticed on

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the magistrate judge’s calendar in accordance with

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the local rules of the court and so that such

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motions will be heard not later than November 16,

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2012.

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d. The Final Pretrial Conferences is SET for May

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28, 2013 at 1:30 p.m.

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e. Trial is SET for August 27, 2013 at 10:30 a.m.

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[2] Counsel for both sides are SANCTIONED in the amount

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of one hundred and fifty dollars ($150). This sum shall

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be paid to the Clerk of the Court no later than thirty

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(30) days from the date of this order.
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Counsel SHALL file an affidavit accompanying the payment

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of

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personally by counsel, out of personal funds, and is not

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and will not be billed, directly or indirectly, to the

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client or any way made the responsibility of the client

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as attorneys’ fees or costs.

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[3] Counsel for both sides are cautioned not to request

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any further modification of the scheduling order without

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good cause, even by stipulation. Doing so shall be cause

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for sanctions in an amount no less than $500.

their

sanctions

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IT IS SO ORDERED.

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DATED:

which

July 23, 2012.

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states

that

it

is

paid